Obama's Private Attorney Refusing To Show Up At
Obama's Georgia Ballot Access Challenge Hearings
Hon. Brian P. Kemp
Georgia Secretary of State
214 State Capitol
Atlanta, Georgia 30334
via email to Vincent R. Russo Jr., Esq.
(vrusso@sos.ga.gov)
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 (c/o Kim Beal (kbeal@osah.ga.gov))
Van Irion, Esq. (van@libertylegalfoundation.org)
Orly Taitz, Esq. (orly.taitz@gmail.com)
Mark Hatfield, Esq. (mhatfield@wayxcable.com)
Vincent R. Russo Jr., Esq. (vrusso@sos.ga.gov)
Stefan Ritter, Esq. (sritter@law.ga.gov)
Ann Brumbaugh, Esq. (abrumbaugh@law.ga.gov)
Darcy Coty, Esq. (darcy.coty@usdoj.gov)
Andrew B. Flake, Esq. (andrew.flake@agg.com)
http://www.orlytaitzesq.com/?p=30746
REMINDER:
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From Inside Obama's 3 Georgia Ballot Hearings
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95 comments:
Orly is the embodiment of this verse:
1 Corinthians 1:27
27But God hath chosen the foolish things of the world to confound the wise; and God hath chosen the weak things of the world to confound the things which are mighty;
OMG!
there are so many lies and distortions of the law in this letter, i don't know where to begin. Who wants to start ?
I believe Judge Clay Land ref. above was the same Judge in Lt.Col. Cook's case that Eric Holder maybe gotten ahold of. Read small print in affid. Carly
http://www.thepostemail.com/2012/01/24/how-can-we-pay-tribute-to-a-fallen-warrior/
Is there any reasonable explanation why BHO is in possesion of a Connecticut Social Security Number which was issued to a man long dead? Also, I didn't see any mention of his father being a British citizen, which would discount him holding office in the USA.
"WILL OBAMA SHOW UP AT ELIGIBILITY HEARING?"
"JUDGE WANTS PRESIDENT IN ATLANTA COURTROOM"
By Bob Unruh
WND.com
January 25, 2012
Excerpt:
"It is STATES, usually through the OFFICE OF SECRETARY OF STATE, THAT RUN ELECTIONS, NOT THE FEDERAL GOVERNMENT. The national election is simply a compilation of the results of the INDIVIDUAL ELECTIONS WITHIN STATES.
The schedule for the hearings was set by Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, STATE LAW REQUIRES “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
STATE LAW also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined." (emphasis is mine.)
Read The Entire Article Here:
http://www.wnd.com/2012/01/obama-to-miss-eligibility-hearing/
* * * *
A Comment Under This Article:
amanda said:
"More important than where he was born,,,, his school enrollment in Indonesia stating him to be an Indonesia citizen,,, so, since he was made Indonesian so he could be enrolled in school, he is an Indonesia citizen,,, i've seen nothing about him being naturalized on returning to Hawaii, but even if he were, he's still not eligible to hold office. We DO need him to be forced from office so we don't have to pay him $400,000.00 a year for the rest of his life........"
* * * *
This man's entire argument is absolutely unbleievable considering the virtural mountains of verified and re-varified evidence that points to the overwhelming likelyhood that the man sitting in the Oval Office is a total fraud at the most dangerous time in America's history. No court in the entire country has ever listened to the evidence, not one. The MSM to include Fox News is either silent on the matter or ridicule any and all who dare to ask for proper consideration of so much extremely compelling evidence. Just as during the election cycle of 2008, both political parties totally ignore the matter. With all of this said, how can any thinking person believe that our vote matters whatsoever in the 2012 elections. We simply waited too long, and the enemy within stole our entire government from us. It is now, for the elite, of the elite and by the elite! If you doubt this, please tell me where to look for the middle-class that existed only four years ago.
This man's entire argument is absolutely unbleievable considering the virtural mountains of verified and re-varified evidence that points to the overwhelming likelyhood that the man sitting in the Oval Office is a total fraud at the most dangerous time in America's history. No court in the entire country has ever listened to the evidence, not one. The MSM to include Fox News is either silent on the matter or ridicule any and all who dare to ask for proper consideration of so much extremely compelling evidence. Just as during the election cycle of 2008, both political parties totally ignore the matter. With all of this said, how can any thinking person believe that our vote matters whatsoever in the 2012 elections. We simply waited too long, and the enemy within stole our entire government from us. It is now, for the elite, of the elite and by the elite! If you doubt this, please tell me where to look for the middle-class that existed only four years ago.
This man's entire argument is absolutely unbleievable considering the virtural mountains of verified and re-varified evidence that points to the overwhelming likelyhood that the man sitting in the Oval Office is a total fraud at the most dangerous time in America's history. No court in the entire country has ever listened to the evidence, not one. The MSM to include Fox News is either silent on the matter or ridicule any and all who dare to ask for proper consideration of so much extremely compelling evidence. Just as during the election cycle of 2008, both political parties totally ignore the matter. With all of this said, how can any thinking person believe that our vote matters whatsoever in the 2012 elections. We simply waited too long, and the enemy within stole our entire government from us. It is now, for the elite, of the elite and by the elite! If you doubt this, please tell me where to look for the middle-class that existed only four years ago.
One/more Plantiff attorneys needs to immediately contact the Georgia Secretary of State and advise him that the 2008 Democratic Party of Hawaii, Obama's own claimed party in his own claimed State, DID NOT certify him as eligible to serve as president "under provisions of the United States Constitution." as required by HRS 11-113 (c)(1)(B).
Eric Holder was spotted in Columbus Ga. when
Major Cook's case was before Judge Land.
Doggoneit!! I drove all the way to Atlanta to watch Jablonski play the COLB trump card and see Orly screech like Natasha Badanov!! I want to meet Dean and shake his hand for his moment of lucidity!!
Are ANY of these people going to show up to the Trial of the Century, which is being roundly ignored by the complicit MSM?
The Obama-Soetoro-Bounel team has hit the PANIC button.
LoL. And those Dumb Foggy-OBots were ALL counting on Obama and Jablonski to show up with the caroyola crayon birf certificate. You losers can't even do that. Could it be as fake as OBama OBots? Yes it is. LoL!
I have to say that only an ASS would lead the American people in this way and that would be a commie style ASS!
@RS,
Aww heck, RS. I don't wanna see Obama. I want to see some LEGITIMATE Carnival Barkers!!! Is ORLY gonna show up?
WOW!!! Obama is Shaking in his boots!!!
@rikker
Doggoneit!! I drove all the way to Atlanta to watch Jablonski play the COLB trump card and see Orly screech like Natasha Badanov!!
Poooor Foggy-OBot. You should have went on the train with OBot Loren. You two clowns can still commiserate together at court house! LoL.
@RS
Hey, Coward, this should give you enough confidence to take the bet for $1,000.00. Come on, man, surely you will win now. Oops! I forgot. You cannot do anything if it requires you to actually do something rather than be a computer warrior.
This letter was written after Jablonski and Kemp met and consulted and decided on how to end this circus/charade which really was getting out of hand.
You all have been had....ah ah ah
When do the trials begin? ASAFP!
Why oh why would they go to such great lengths to stop a hearing? This is an opportunity for them to show up in an actual legal courtroom and put this issue to rest for once and for all and discredit all the so-called "birthers" by producing irrefutable evidence that all their consiracy theory claims are just that...but they can't because they are hiding behind this humongous fraud they have created and now there is no way out - they are in major panic mode now and are trying everything they can think of to avoid having to walk into the light and be exposed - sunlight is the best disinfectant and they are scrambling like cockroaches now! I pray to God this is THE lawsuit that we've all been waiting for and this is the one that finally exposes the biggest fraud in the history of the United States.
Mario Apuzzo says, "the current sitting President of the United States not honoring a court-issued and properly served subpoena related to whether the President is constitutionally eligible for that very office could also be deemed a 'high Crime or Misdemeanor' under Article II, Section 4, the article dealing with impeachment of the President. Congress could declare such conduct a high crime or misdemeanor and inititate and prosecute impeachment proceedings against Obama and they should."
@rikker
Dean is already there. He is helping Article II Super PAC with the live stream tomorrow.
Bok bok bok bok bok!
Obama is a chicken.
Time put up or shut up Barri Shabazz Obama or whatever your legal name is!
It looks like the State of Georgia is calling your bluff.
Tick, Tock, Tick, Tock, the jig is almost up!
OBOTS...YA BLINKED!!!!
Jablonski is just saying :WHAT THE BUZZ?
"QUESTION ALREADY ASKED AND ANSWERED SINCE 2008!!NEXT!!
Obama is a coward hiding behind lie after lie. I feel sorry for the kids that look up to this swindler as a role model.
Interesting that he would cite :
Maskell, “Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement,” Congressional Research Service (November 14, 2011), p.41--
since we all know that Apuzzo took Maskell's analysis to the cleaners and back, see appuzzo website http://puzo1.blogspot.com/
What is Obama's legal team afraid of. They all gloated about winning every case. Why not try and win one where they need to present real documents/evidence.
Not breaking on
Drudge
WND
etc.
What gives?
Obama's last resort...I refuse to show up for this illegal proceeding against placing my name on the state ballot.
Hahahahahahahahahahahahahahahahahahavard law graduate nontheless (Obama that is).
So if they don't show up is that contempt? Will a bench warrant be issued? Will a default judgement be rendered and Obama taken off the GA primary ballot?
Considering published precedence, the Democratic National Party paid attorney Jablonski a bit over $50,000 to write that letter.
This makes the Democrats in the hole for nearly $3,000,000 to protect their illegitimate candidate since '08.
Playing Charlie Daniels "The Devil Went Down to Georgia"...how appropriate!
Ahh, yes, Lucy pulls the football again and Birfer Charlie Brown is on his azz!
Folks:
It is now in the hands of the Judge:
616-1-2-.17 Withdrawal of Hearing Request; Settlement. Amended.
(1) A party requesting a hearing may withdraw the request for hearing at any time, in writing or otherwise, whereupon the Administrative Law Judge may enter an order of dismissal with prejudice.
(2) The parties may agree to settle the matters in dispute at any time, whereupon the Administrative Law Judge shall enter an order of dismissal with prejudice.
It is very unlikely that the parties will agree to settle, so the poor Judge will have to decide --- should the SOS decide to request the Judge to dismiss the case.
We'll have to wait and see.
Taitz is her own worst enemy!!! Here is why....
Had Taitz not overplayed her hand and become orgiastically unethical in issuing subpoenas to everyone she could think of, the lack of a circus atmosphere would not have PROVIDED the SoS with the political cover TO DO what Mr. Jablonski has asked.
Game over AGAIN, Orly. Next stop, Hawaiian sanctions & Frivolous litigant designation! Good times!
@Anonymous
The Drudge Report had a link up for a day or so.
Even Fox News and the Washington Post reported it.
@Anonymous
I doubt a bench warrant will be issued to arrest a US President (impostor or not), but a default judgement against Obama is quite likely.
If this happens, it's doubtful that you will see Obama's name on the ballot in Georgia.
Other challenges will follow suit, and the Democratic party will not be able to certify Obama as their 2012 presidential candidate.
Kemp's agriculture degree will be very helpful as he wades through the stinky fertilizer that is Obama & Jablonski's desperate bid for special treatment.
http://www.sos.georgia.gov/misc/brianbio.htm
@Paul
Hey OBot. I've already answered that BS question by you.
You cannot do anything if it requires you to actually do something rather than be a computer warrior.
If we ever happen to meet, you can try out your "coward theory" Commie OBot. You are welcome to your indulgence.
Orly did nothing but supeona people who are relevent to her case. Having Obama's lawyer complain about Orly asking her own experts, the very ones that uncovered the SS fraud, is a joke. The Obama Fraud is panicing, and rightfully so.
Folks:
Have you noticed the last sentence in Jablonsk's letter?
" ... 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 ..."
Have you ever read anything like this?
so when finally cornered and with no recourse, chickensh%t Team Obama whines, throws a temper tantrum and leaves instead of proving what they have been claiming for 3 1/2 years.
Obama's and his lawyers failure to walk in prove without any doubt only show that there is merit to Obama not being qualified. Plain and simple.
Well someone called it. They are just announcing Obama gave the order to save American hostages, killing 9 kidnappers.
We all know this is not about saving an American, but to distract from the Gerogia case and others.
Matt
I thought I would be the new leader of Al Qaeda, but figured it would be killing someone.
full faith and credit does not cover questionable documents.
Hawaiian records have been shown to be false and misleading to the extent that Father Of Communist China ‘Sun Yat-Sen’ received an Hawaii’s COLB.
Dr. Sun Yat-sen was born on 12 November 1866, to a peasant family in the village of Cuiheng, Xiangshan county , Guangzhou prefecture, Guangdong province (26 km or 16 miles north of Macau). Born in China, Dr. Sun Yat-Sen has a Certificate of Hawaiian/Live Birth aka; COLB, just the same as Obama. Dr. Sun Yat-Sen’s background is no less than the Father of ‘Modern’ China, a great hero.
attorney mario apuzzo ---- can a judge take any action against an attorney that refuses to come to court ?
@Plutodog
The "next stop" is Sheriff Joe Arpaio''s Posse report that exposes Obama for being a criminal.
We urgently need to ask GA SoS to reject Jablonski’s request to intervene:
http://sos.georgia.gov/cgi-bin/email.asp
My message:
The merits of the question of Obama’s eligibility have never been heard in any court. Every case on this issue has been dismissed for lack of jurisdiction or standing. There is a strong and growing sense that the people have been denied due process and are suffering a usurper in the Oval Office. Please reject Jablonski’s request to interfere in the course of justice. Please allow the question of Obama’s eligibility as a natural born citizen to be heard on its merits.
now you know why van irion severed his case from orly's.
either way, the publicity will be very bad for obama, the fraudulent wimp. it will garner attention away from the florida primaries which is NOT WHAT HE NEEDS NOW.
CHUTZPAH:
The first reported use of "chutzpah" was in 1972, in an opinion of the Georgia Court of Appeals.
The most famous definition of "chutzpah" is, of course, itself law-themed: chutzpah is when a man kills both his parents and begs the court for mercy because he's an orphan.
Another chutzpah story. The DNC goes to a lawyer and asks:
"How much do you charge for legal advice?"
"A thousand dollars for three questions."
"Wow! Isn't that kind of expensive?"
"Yes, it is. What's your third question?"
Chutzpah.
Jablonski has no case law, no defense but begging to a third party to ask the Court for Mercy!
He cannot withdraw the hearing because he did not request it. But he is getting his fee!
The SOS has no power; maybe the governor does. besides, the plaintiff can appeal.
Regardless, obama's poker face is beginning to turn into the Portrait of Dorian Gray, the ultimate narcissist.
Do you know how that turned out??
EVERYONE, Start linking Jablonski's letter to drudge in his tips box. send it from WND because he does not recognize this blog.
Hopefully one of the Plaintiffs will use the word, CHUTZPAH,in Open Court TO DESCRIBE JABLONSKI'S CHUTZPAH!
Part 1
1-25-12
The TRUE state of the union: divided we fall.
This is the eve of what has the potential to be a very important decision by a courageous state judge in Atlanta, Georgia. I use the word courageous because of the intense social/political issues that boil in the hearts of a divided American public. There is currently a media blackout on this issue – liberal media taking but a few passing jabs at the “birthers” and conservative media all but ignoring the topic. This is the sad state of our union.
What is at issue is the unique constitutional requirement that the office of the President be a “natural-born” citizen. All other elected offices in our federal government simply require candidates be a “citizen”. There is a difference between the two and that difference is readily available through basic research of the original debates and drafting to sufficiently provide for the purpose of definition. One not need rely on the websites with political motive on either side of the issue, instead refer to the actual congressional records available through the Library of Congress. A judge on any level, state or federal, need not look into a “crystal-ball” or speculate as to the “intent” of the authors, their very words on this very subject were preserved by official record.
Although rarely has this subject come up in the judicial system, and never in the unique circumstances that are at issue today with a challenge to a sitting president seeking re-election, there are a few references to the definition of what constitutes a “natural-born citizen”. These few references have appeared at various intervals throughout the history of our nation and must be considered as precedent. Furthermore, it should be further researched by any judge, up to and including the United States Supreme Court, using official congressional record of debate to define the term “natural-born” as written specifically relating to Article 2, section 5 of the US Constitution.
Additionally, the fact that this is first being heard in an administrative hearing in the state of Georgia is entirely proper in standing and venue. The purpose of this court and the duties of this judge require him to hold this hearing under Georgia’s state constitution. It’s really that simple. As a judge he has a duty to hold hearings that fall within the law – and the simple fact is that Georgia law allows for any elector to challenge the credentials of any candidate. It is not the duty or responsibility of the challenger to “prove” anything, it is the duty of the candidate to satisfy the people that he is legally eligible to hold the office that he is seeking. The burden belongs to the candidate. Proof of eligibility must be determined by what the law states, not personal or public political opinion.
Sadly, most Americans think that we hold a “federal” election for president every four years. The reality is that we hold 50 independent, coordinated state elections, the cumulative result of which decide who is our president. This is not, at this point, a federal issue – it is a state issue. Whatever the opinion of this judge will be will result in the further advancement of this case through the state, and most likely federal courts. This is how our legal system works – it is not a perfect system, but one rooted in the law.
part 2
The popular vote or popular opinion has no basis or claim to law. In order for this provision to have been included in the constitution it had to pass through various political debate from all of the states at the time of ratification. The parties came to a consensus, the words of debate over the language used and the logic behind such language has been preserved through the library of congress. One only needs seek these records out for oneself to understand the definition of the language. No political spin of the moment needs apply – the political spinning stopped at the time that this was approved and ratified by the founding fathers. The Declaration of Independence declared the independent states independence from England and it’s king, the constitution unified the states into our nation. The process of drafting, ratifying and amending our constitution is what was agreed upon by our founding fathers, and the language chosen was precise and pointed.
This matter could easily be cleared without the process of going through the courts on every level, costing the taxpayer in the end. This could very easily be resolved at this level if the president’s legal council can offer any argument rooted upon sound legal foundation, or by legal authority compel this judge that once again a plaintiff citizen has no standing against a candidate citizen. Thus far, that burden has not been met. The oath of office taken by this, and all previous presidents, swears him to uphold and defend the constitution. I can understand the president resisting initial complaints which claim any number of conspiracy theories not based in fact, but speculation, or without sound legal foundation as to standing. No candidate should ever face an eligibility hearing based on “mysterious orbs” floating around his head in a photograph, but when it comes to a constitutional law issue the president should welcome, not evade, a hearing on the merits of the charges. What could be considered more patriotic than a candidate seeking to take that oath supporting the very principals for which it stands before he takes it?
This president has done everything up to this point to evade this very question. The sealing of records and documents leaves the average American citizen wonder what is truly going on. In a day and age when you need photo id to buy a pack of cigarettes or alcohol “if you appear under 40”, why is it considered acceptable to hold the highest elected office in the free world without having to prove your qualifications? How many banks will cash a check for you if you’re able to pull up a website with a scanned document claiming that you are who you say you are and provide nothing more than that? It’s not going to happen. And when a legal issue is raised, based on that very document that has been provided in a layered pdf format, one that strikes at the heart of the very same constitution you will be swearing to uphold and protect, you should welcome the chance to clear the record, not attempt to evade and further muddy it. This is where common sense exits and politics begin.
part 3
Article 2, section 5 has nothing to do with the race of the candidate; it has to do with national origin and the definition of “natural-born”. Those who want the president to remain president feel that this must be accomplished regardless of the law. This point of view would certainly be different if it were a candidate of the opposition – there would be an equal amount of screaming from a different perspective. The divisiveness of this issue is further encouraged by this presidential candidate’s stark refusal to set the constitutional issue at rest. This issue has been brought before and dismissed on the basis of standing, not the issue itself. Even if not legally compelled by a judge in the past, the level of morality of the man who has taken that oath should compel him to resolve the legal issue that remains unanswered. The secrecy and evasion of the issue can only lead to the rational conclusion that his political motivation and ambition supersede his oath of office. The very thought that a sitting president and candidate for re-election, himself being a constitutional attorney and law professor, would knowingly evade, silence and brand those who bring forth their legal right to challenge as “extremists”, remaining mute when political organizations and his supporters charge forth with cries of “racism” and bringing into question the mental faculties of those who exercise their legal right to challenge him, is repugnant. Instead of honoring our laws, educating his base in how US law works and that this is entirely the proper method and forum to once and for all end this political fiasco, Mr. Obama has acted in a manner that has further fueled the extremism and rhetoric that currently divides our nation. For a man who claims the desire to “heal” our political differences and work together, his actions in this matter show the true motivation of his presidency to be personal and political with his best interest put before the nation’s.
I fear that the majority of my fellow citizens are sheep. We tune in to shows like “American Idol” and vote religiously every week for our favorite contestant – only to forget whom that may be by the time the next season rolls around. We have legislated our textbooks away from fact, no matter how just or unjust our history may be, in favor of watered down, politically correct views which pander to the desires of those with an agenda to force change through misinformation. Is it any wonder that a candidate slipped through on his charm and word alone, a disillusioned American public eager to buy into “hope” and “change”, never demanding and answer as to what that hope or change meant to the candidate? Instead, it was much easier to attach our own hope for change to the candidate, at that point believing that he stood for our very own desires. We now have President American Idol – all it takes is hope, change, an ipod and a blackberry. Who needs look any further – he’s just like me. This is yet another step toward the destruction of our nation as it has stood for over 200 years. Instead of critical thinkers who work together for the strength of the union, we have become so superficial that when confronted with law, logic and reason we instead digress to name calling and accusations of racism.
part 4
I would call on this president, who until proven otherwise, is the lawfully elected President of the United States, to uphold his oath of office as “President Obama” and cooperate and comply with the constitutional issues facing “Candidate Obama”. Evasion and resistance leave the bitter impression that he has something to hide, fueling the fires on both sides of the issue further dividing our country. Mr. President, PLEASE heal this nation. You are either constitutionally qualified or not. Stop making this a racial/political issue – the political issue was put to rest when the constitution became law and has remained uncontested since. This is a matter of US law – not US politics. The burden of proof of qualification falls upon you, Candidate Obama, to meet the qualifications of the office you seek. The enforcement of law, President Obama, falls upon you to defend and uphold the constitution – even if it falls contrary to your political ambitions.
Sadly, the state of our nation is regressing into a racially charged, politically divided land where the average American is being disenfranchised by the very government it has elected. As the respect that we once held on the world stage continues to diminish, and the people of this country continue to be divided by the agenda and political motivations of a congress who can’t seem to find a compromise to save this nation’s economic and political future, and a media so biased that it operates as nothing more than propaganda machines for both parties, we need leadership now more than ever. Unseal your documents, face the charge of proving eligibility with your head held high and accept the consequences no matter how the chips fall. Do this with enthusiasm and you will earn the respect of your nation, eligible or not. Restore our faith that our constitutional system of justice works and that no man – including the President of the United States is above the law. Do this, and God will, as called upon by every president when concluding the annual state of the union address, bless the United States of America. Continue with your own agenda in spite of the law, God help the United States, for it will show that we truly are no longer a nation of laws.
A Concerned Citizen.
It could be that BHO,Jr.’s Georgia attorney hasn’t been able to read Attorney Leo Donofrio’s amicus brief. Someone needs to tell Jablonski that his reading speed should increase if he will stop moving his lips while he is trying to read Donofrio’s amicus brief.
@Anonymous
There is no reason to take God's Name in vain, (misusing it), because you apparently fail to understand the comment which, apparently strikes you.
By the way, please share with this comment facility your mother's name so that all of its participants can exclaim "O M [Your mother's name]!" That way we all can carelessly utilize your mother's name as an exclamation "expletive".....
Here is the link: everyone send it to drudgereport.com in his tips box.
he will post it when he gets inundated with requests.
http://www.wnd.com/2012/01/obama-boycotting-georgia-eligibility-hearing/
Actually Obama was ordered as a private citizen, since he's asking to be on the Georgia state ballot.
It's a real court, real judge, if you did that, you'd go to jail.
Lots of BS here. This Jablonski character is a piece of work. These jump out at me:
"on the now wholly discredited theory that he does not meet the citizenship requirements"
Discredited? By who? You? Discredited because you want NBC to be something that it's not?
"a conclusion validated time and again by courts around the country"
Guess we all missed something. When did any court validate that Barry is NBC? Jablonski must have a close relationship with Jack Daniels.
"Maskell, “Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement,” Congressional Research Service (November 14, 2011), p.41"
What a fucking joke! Maskell is another lying, cheating skunk and his so-called analysis is so full of obvious holes it's not funny.
But, Jablonski makes his statements so matter of factly, as if the rest of the world must know that everything he says is indisputable. What a fucking lightweight asshole.
But, methinks the fix is in folks. From Georgia, the state where republicans killed the best eligibility legislation ever proposed, the SOS and Jablonski have already decided how this can be handled for Barry's benefit. Add in Orly and that's all you need to know. The fix is in and this will end badly for everybody but Barry.
Don't hold your breath tomorrow - you'll probably turn blue.
plutodog, I remember your moniker from years ago
still out there lying for your usurper?
Orly overplayed her hand. Had she not gone on her subpoena-palooza and turned the proceedings into a freak show the ALJ would not be seen as losing control over his hearing. The SOS asked for findings and a recommendation, not a rock concert the size of Woodstock.
@I Tell it Like it is
If, as a result of this letter, the SOS yanks the referral to the OSAH then Obama DID win.
There are lots of tools in the toolbox. Appealing to the SOS is one of them.
My money is on Kemp withdrawing the referral. Orly is going to need some more of your money for her appeal. Also, to pay down her credit card.
So this become a call for a warrent? Or is there default judgement and off the ballot he goes?
Team Obama is citing this case to state that the Georgia SOS isn’t allowed to remove Obama from the ballot:
[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.]
Obama’s lawyers has got the Secretary of State of Georgia backed into a corner now. Apparently the plaintiffs over looked the case Terry v. Handel, 08cv158774S which states apparently, there is no requirement that the candidate be “eligible” to be President in the state of Georgia. Primary winners do not take office. The outcome of a primary merely determines the composition of a slate of delegates to a party convention — again, by internal party rules. The Georgia Superior Court would have to ignore its own ruling in Terry v. Handel in order to find anything other than that Kemp has no power or discretion whatsoever to exclude Obama from the ballot base on eligibility claims. Gosh doggit.....Taitz didn't do her homework apparently but Perkins/Coie who flew into Atlanta over the weekend did. This has Perkins/Coie written all over it. Also one thing to consider. Jablonski ignoring Mahili's court tomorrow will infuriate him. He will feel the defendents didn't respect his court and he will most certainly file a motion for contempt on defendent, namely Barack Obama.
@Anonymous
should the SOS decide to request the Judge to dismiss the case.
On what basis? Normally the SOS needs the Judge's recommendations after weighing the discovery subpoenaed to make the ballot eligibility decision. Without the hearing in this particular candidate's case such a decision cannot be made, esp. after citizens' challenge.
@Anonymous
"QUESTION ALREADY ASKED AND ANSWERED SINCE 2008!!NEXT!!
And never satisfied.....esp. the SSN fraud which since has been returned a "no match" from govt's own verify site!!!!! THAT question has been satisfied and can be concluded that, in the present, beyond the birth question, he is no kind of citizen now. Otherwise wouldn't have to phony up a SSN.
So sorry (NOT) Obots, see OBYR newest Post. SOS basically said *FU* The show will go on and we will hopefully know the truth. Note: he also told the malignant Narcisist in Chief and his atty if they don't show, they do so at their own peril!!!!!!!!
@Anonymous
I HOPE THIS JUDGE ISSUES A WARRANT FOR BARRI'S ARREST!!!
TICK TOCK TICK TOCK... JUST A MATTER OF TIME BEFORE THE RAT HAS COME OUT OF HIS HOLE.
Jablonski is not President Obama's attorney. He is CANDIDATE Obama's private attorney.
http://www.protectourliberty.org
http://cdrkerchner.wordpress.com
whatchos say to ms Orly?
she be headin to Georgia and whadda peachy day it be!
We can all be proud to be Americans today.
No matter what happens the a$$holes have shown their weakness again. To me it demonstrates they are lying. They should be extremly pleased to show up with all documentation and shove it in our faces and put an end to all this *birtherism* . Maybe even bring the knives ocommie says to bring. But, for some reason they would prefer to learn what their *peril* might be. I see the hole in the damn getting bigger FAST!
Uh oh. This doesn't look good.
If the SoS goes along with Joeblowski's request, it will be proof that he's in the tank for O'Bammy.
Haha Obama supporters. Kemp denied the request and the game is on...even with Orly's frivolous subpoenas. OH MAN...this is going to be fun.
@Anonymous
Barry Hussein Bowbama, the weak fool, is the embodiment of this verse:
1 Corinthians 1:27
27 But God hath chosen the foolish things of the world to confound the wise; and God hath chosen the weak things of the world to confound the things which are mighty;
"please understand that you do so at your own peril." Brian P. Kemp, SOS :) Sweet Jesus, game ON!!!!
Thank you baby Jesus .... our country has a chance of being saved from the commie Kenyan!
Obama's Attorney Jablonski Slapped Down By Georgia SOS Over Obama's Ballot Access Hearing
http://obamareleaseyourrecords.blogspot.com/2012/01/obamas-attorney-jablonski-slapped-down.html
If he doesn't produce the requested proof, just accept it as confirmation of alleged ineligibility, and remove him from the ballot, until he can prove that he IS elligible...
(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.”
>>>from “TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 21-2-5 (2011)
2011 GEORGIA LAW trumps
obot's post above that says in part
Team Obama is citing this case to state that the Georgia SOS isn’t allowed to remove Obama from the ballot:
[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......2011 LAW
gives the SOS the power to do so. Yet another feeble attempt AT SPIN !!!!!
result: FAILURE !!!
Haven't you Obot fools realized that there is more than "one" case.
Jablonski is attacking Orly, NOT Van Irion. What a fool Jablonski is. Van Irion doesn't give a sh-t if Obama or Jablonski shows up or not.[preferably they don't]Known as an estoppel, or quilty. No "show's" admit guilt. What's left is that Obama, The DNC, and the Georgia Democrat Executive committee has already "SIGNED" document's stating that Obama is Constitutionally eligible [facts not in evidence]
to be President under Article II,"natural born Citizen". THEY HAVE TO PROVE EVIDENCE/THAT TO BE ON THE BALLOT. Georgia Statute says so 616-1-2(5).
And "any" legal voter can challenge it. Period! The subpoena's are lawful.
Obama & the rest, who initiated a ballot request IN THE STATE OF GEORGIA, have to prove it! It has nothing to do with Hawaii or the other 49 States. However, it does deal with the requirements IN THE STATE OF GEORGIA. Statute 616-1-2-193 were provided in the year 2010 and did not amend 616-1-2-(5)which is still in effect, clearly as written and as meant. Obama loses "either" way. If they present the Whitehouse released "colb" it clearly states that Obama's father was from Kenya. CHECKMATE!!!!!!
I was Born in Eastman , Ga. Dodge County . Makes Me proud to have that connection . I presently live in Brazoria County , Texas . Same County as Dr. Ron Paul , Candidate for United States President !
WTH is the anon concerned citizen novelist above? Did anybody read all his parts? And who's the anon character above recognizing me from his/her plain brown wrapper?
And RS, you gotta be kidding.
Wow, what a complete ass this Jablonski guy is. If you don't get your way you write a letter to complain and ignore the court?
Pictures of documents are not legally binding. Since Obama has been playing games for years with not releasing his documents, and having fake documents on display online, and spending millions to NOT show them in courts across the country it is pretty obvious for anyone with a brain that there MUST be a reason for this. Since, he admits his father was Kenyan he has thus admitted that he is not a "natural born citizen," which is a person born on US soil with to United States citizen parents. Therefore, he has already proven himself ineligible and is holding an office and position unlawfully. Every law that he has signed and every person that he has nominated and every other thing that he has used his false presidential powers for is null and void and should be revoked. The Democratic Party and every politician involved in this fraud should be censured and tried for treason. In fact, the whole of the Democratic Party should be disolved or prevented from putting forth a candidate for at least ten years.
Since cry baby Jablonski is going to skip the hearing, the judge should rule against Obama and Georgia should leave the fraud off their ballot.
It's amazing the arrogance these freaks possess.
@EBB
There will most likely be a default judgement against Obama in all three cases if Obama fails to appear.
Obama may also be found to be in contempt of court.
In addition, it is possible that a bench warrant for Obama's arrest could be issued, but the warrant would have to be enforced by the US Mashall Service from what I am given to understand.
According to some legal ooinions that I have read, only the US Mashall's have the authority to effect an arrest of a sitting US President, and even they may find themselves in a stand off situation with the Secret Service if it comes to this.
Jablonski is a real piece of work! Every morning, he meets two of his "gay" buddies at the Chick-fil-A on Peachtree Road (very near his home) for breakfast and to read a newspaper. After they b/s for a couple of hours, they travel to Piedmont Park in Atlanta to "cruise" the restrooms for young "gays" to pick up for quick sex. Jablonski's associates include Doctor Thomas "Tom" Schermerhorn, M.D. (retired Opthamologist), plus a man they refer to as "Bill" who was a research scientist for R.J. Reynolds Tobacco Company. Jablonski is not a competent OR respected lawyer, he's just as low class and as big a liar as Obama! Most of the front of his poorly maintained home is hidden behind overgrown bushes and trees. NO ONE WHO LIVES ON BRIGHTON ROAD WILL SO MUCH AS SPEAK TO HIM. THE PERVERT STANDS WITHIN PLAIN VIEW OF EVERYONE IN AN UPSTAIRS WINDOW OF HIS HOME, FEELS HIMSELF, and STARES AT LITTLE CHILDREN THROUGH A TELESCOPE! JABLONSKI and OBAMA ARE BOTH TRASHY "GAYS"!
@Anonymous
My money is on Kemp withdrawing the referral. Orly is going to need some more of your money for her appeal. Also, to pay down her credit card.
PAY UP. YOU LOST. The SOS denied Obama's attorney's request. You Obot's are so desperate and someone needed to wipe the cocky smile off your face.
@Covert Informant
No. Apparently team Obama overlooked the Georgia law that the SOS quoted in his reply letter that knocked down the Obama team.
To you that hit Orly for supeonaing too many people, you have been proven wrong. First, the judge backed up every supeona when he denied Obama's quashing them. Second, the SOS denied the Obama team request to suspend. You all need to learn how to treat a bully. Orly did the right thing by coming in with all barrels firing.
Anyone else see the irony of a Yankee President meeting his judgement day in Atlanta.
Karma?
Something fishy here. Why would obamas team send a lightweight attorney to protect him? I have been sitting at my computer in Tx., since 4 am this 26th day of jan.2012, waiting to watch this case on live internet. But something just hit me and I am worried that this is probably a setup and a pay off to finally stop people including me from trying to get rid of Obama for illegal status. If Judge Malihi gives in to Obama then you will know that this was a FIX. I pray they tear obama to pieces in this court room.
I heard this morning on the news that the case has been dismissed. Curses.
"I heard this morning on the news that the case has been dismissed. Curses."
You heard wrong. Praises.
@American Thinker very well stated, but theres still hope if men and women of this great country bond together and in great numbers go to washington and force them to either put up or to get out . And when I say force thats what I mean. This country ead founded on the blood of our countryman and that it's self may indeed maybe what is needed once again
Great...........Im glad this so called news person was wrong.
Does anyone find it curious that Mr. Jablonski stated in his letter: "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."
The State of Hawaii produced official records documenting whose birth there? He doesn't specifically say that Hawaii produced any official records for Barack Hussein Obama II. And then Jablonski says that Obama made documents available on his website. He didn't specifically say what documents Obama made available on some website. (Does Obama have a secret website we don't know about?) He certainly didn't say that Obama put official records from the State of Hawaii on the White House website. I'm sure that's what Jablonski wants everyone to believe, but he didn't say that.
It seems like Mr. Jablonski is trying to give himself and the State of Hawaii an out for when it's proven that the birth certificate that Obama put on the White House website is a fraud. He wants to be able to say that he is not culpable because he didn't know and didn't say what document Obama put on the White House website.
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