1.25.2012

OBAMA BOYCOTTING GEORGIA ELIGIBILITY HEARING


Barack Obama has announced through his attorney that he will boycott the administrative hearings scheduled tomorrow in Georgia to review evidence of whether he legitimately is a candidate for the presidency, prompting an attorney for one set of the plaintiffs to describe the nation’s commander-in-chief as acting like a “5-year-old brat.”

A letter apparently from his lawyer, Michael Jablonski, was posted today on the website for California attorney Orly Taitz, whose determined pursuit of Obama’s eligibility documentation has taken her to courts across the nation, including the U.S. Supreme Court.

Jablonski told Georgia Secretary of State Brian Kemp in the letter that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.”

He said, “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.”

Jablonski said the judge – who previously rejected Obama’s demand to quash a subpoena for him to appear and bring with him his birth records documenting his status as a “natural-born citizen” – has “exercised no control” over the proceeding.

“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,” Jablonski wrote.

In a response that was posted online after hours, Kemp said the case referral was “in keeping with Georgia law.”

“As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As the referring agency, the Secretary of State’s Office is not a party to the candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, I do not believe such a request would be judicious given the hearing is set for tomorrow morning.”

He continued, “I expect the administrative law judge to report his findings to me after his full consideration of the evidence and law. Upon receipt of the report, I will fully and fairly review the entire record and initial decision of the administrative law judge.”

He also had a warning about the costs of simply not showing up for a court hearing.

“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”

“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,” Jablonski wrote in the letter on the Taitz site, which indicated it had been sent to the participants in the case.

A blast of sarcasm aimed at Obama also was posted on the Taitz site.

“What Obama is asking now is totally insane,” it said. “He is asking the secretary of state of GA to take the trial away from the judge on the eve of the trial. He is mostly crying on the shoulder of the secretary of state of GA and saying that Orly is bad, because she issued all of those subpoenas. So after the judge told Obama that the subpoena that I issued was perfectly valid and he had to appear in court tomorrow and bring with him all of the documents that I demanded, Obama decided to go behind the back of the judge and send the same complaint about me to the secretary of state and he is asking the secretary of state to take the trial away from the judge.

“Does this look like a behavior of an innocent person? An innocent person would have come to court and showed all the valid documents with the embossed seals, which are verifiable,” the statement said. “Instead he is acting like a 5-year-old brat, saying, ‘I am afraid of Orly, I want the secretary of state of GA to act like my mommy and protect me from Orly.’ Some leader of the free world.”

The hearings are being brought by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in America, and national elections are just a compilation of the results of the 50 state elections.

The schedule for the hearings was set by Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a 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.

Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.

Jablonski told Kemp he should simply “withdraw” 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,” he wrote.

Jablonski accused Malihi of allowing the attorneys to “run amok.”

“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.”

Obama, meanwhile, has a campaign trip to several Midwest and Western states lined up over the next few days.

WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.

“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”

The judge thought otherwise.

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If Obama knows what's good for him, he'll show up for the hearing as demanded by the judge. Of course we all know he won't show up as he thinks he's above the law.

I really hope other states follow suit, and demand the same thing. One way or the other, Obama must be brought down.

1 comment:

STONEWALL JACKSON said...

THANK YOU GEORGIA FOR TAKING A STAND ON THIS MATTER. I HAVE READ DIFFERENT TIMES WHERE OBAMA WAS BORN IN KENYA AND FOUR DAYS LATER HIS MOTHER REGISTERED HIM IN HAWAII.HOPPING TO MAKE HIM A AMERICAN CITIZEN. I AM SURE THIS HAS BEEN CHECKED OUT BUT IT SEEMS NONE OF THE HIGHER UP PEOPLE WANTED IT TO BE KNOWN. I DON`T KNOW WHAT KIND OF SPELL HE HOLDS ON THE VERY PEOPLE THAT KNOW THIS BUT WON`T ADMIT IT. THANKS FOR LETTING ME VENT MY THOUGHTS ON THIS.
STONEWALL JACKSON FREEBURG IL.62243