Today, in a desperate attempt to avert justice, Obama’s attorney, Michael Jablonski, has notified the Georgia court that HE WILL NOT PARTICIPATE IN TOMORROW’S TRIAL REGARDING OBAMA’S ELIGIBILITY TO APPEAR ON THE GEORGIA BALLOT!!!
Below is a copy of the letter sent to the Georgia court.
Obama, as we know, will be in Nevada and Colorado tomorrow having declined to appear in the Georgia court as per an official subpoena.
Now, we have learned that his attorney, Jablonski, ALSO will not attend.
WHAT ARE THEY TRYING TO HIDE???
OBAMA AND HIS ATTORNEY HAVE, WITH THIS ACTION, PLACED OBAMA ABOVE THE LAW!!!
Here is the letter…pay direct attention to the last paragraph.
January 25, 2012
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
WITH THIS LETTER, THE CONTAINED STATEMENTS WITHIN COMBINED WITH OBAMA’S REFUSAL AND THE REFUSAL OF HIS ATTORNEY TO APPEAR AT TOMORROW’S COURT HEARING, OBAMA AND HIS ATTORNEY ARE NOW, WITHOUT BENEFIT OF A LEGAL PROCEEDING, DICTATING THE LAW! OBAMA IS NOW DECIDING WHAT IS AND WHAT ISN’T LEGAL.
OBAMA IS NOW ABOVE THE LAW AND SHOULD BE CONSIDERED AN EMPEROR RATHER THAN A PRESIDENT!!!
Grumpy,
I was not referring to Federal law. I was referring to the last 3 sentences of the next to the last paragraph of Jablonski’s letter declining the invitation to court in GA.
We are talking about the GA primary ballot, correct?
I also think you need to reread Article 1, Section 4. It’s about proceedure to elect Federal Senate and House Congresspersons.
Read and pass along!
This man is a danger to our government and our way of life. He MUST be STOPPED!
http://fixamerica-fredmars.blogspot.com/2012/01/pleasehelp-little-barry-or-who-will.html
Refuse to allow obama to be on the ballot, issue a warrant for his arrest…at the very least he will go down in history as the only sitting president to have an arrest warrant issued against him.
If there was an issue with more idiocy and willful ignorance than this “Obama isn’t a citizen” nonsense, I can’t find it. Clearly, most posters here have no coherent policy based argument to make against Obama, but can’t resolve their own inherent prejudice, racism, and bigotry, so they resort to fanciful accusations that hold ZERO water. Furthermore, attempting to continue this issue and turn Americans against a sitting president is nothing more than seditious libel. Can you google “Sedition”? I am not an Obama supporter, but I won’t willfully spread falsehoods against the POTUS because it will only lead to defeat for conservatives and another 4 years, and likely heavy losses in the House and Senate ala 2008.
I have found that when one failes to appear in their defense in a court hearing it goes on without them and is generally ruled in favor of the attendee if that corresponds with the law of the land. (the Constitution) The court should just go ahead and hear the Plaintiff and rule on findings and the Constitution. I also tried to follow on net to Orley Taiz webpage and got a pop-up that I was blocked for my safety due to an infected webpage. Interesting!
Silly People. Obeying the laws of the United States, and the U.S. Constitution, does not apply to the Liberal Marxist, running the country today. How dare you question the Liberals Messiah! America’s little dictator will send his jackboot Gestapo to drag you off to Re-education camps.
Silly American’s, Marxist don’t have to obey your laws. The Liberal Messiah is above the laws of America the Republic’s rules.
He will send his jackbooted Gestapo to behad you if you don’t bow to him.
1. Back in 1961 people of color were called ‘Negroes.’ So how can the Obama’s birth certificate state he is ‘African- American when the term wasn’t even used at that time? 2. The birth certificate that the White House released lists Obama’s birth as August 4, 1961. It also lists Barack Hussein Obama as his father. No big deal, right? At the time of Obama’s birth, it also shows that his father is aged 25 years old, and that Obama’s father was born in “Kenya, East Africa “. This wouldn’t seem like anything of concern, except the fact that Kenya did not even exist until 1963, two whole years after Obama’s birth, and 27 years after his father’s birth. How could Obama’s father have been born in a country that did not yet exist? Up until Kenya was formed in 1963, it was called “British East Africa Protectorate”. 3. On the birth certificate released by the White House, the listed place of birth is “Kapi’olani Maternity & Gynecological Hospital”. This cannot be, because the hospital(s) in question in 1961 were called “KauiKeolani Children’s Hospital” and “Kapi’olani Maternity Home”, respectively. The name did not change to Kapi’olani Maternity & Gynecological Hospital until 1978, when these two hospitals merged. How can this particular name of the hospital be on a birth certificate dated 1961 if this name had not yet been applied to it until 1978?
He is trying to destroy the Constitution!
Knowledge is power, pass this link to all you know!
http://www.youtube.com/watch?v=wDyDxgJuaDY&feature=g-all-a&list=PL38DF3EEC0303AB5B&context=G258113eFAAAAAAAAMAA
i am losing faith in our military to allow this imposter stand as our president, and do nothing to remove this lying imposter from power! he needs to be brought up on charges of murder, treason and many more, as he fails to prove his eligibility to be president or be re-elected as one.until there is prove beyond a shadow of a doubt. if he is not qualified to be president then he has no presidentual powers that allows him to use the powers of the presidentcy. so without the eligibity of of his presidentcy he then becomes just a common criminal and why is our military allowing this to stand? is beyond me! wake up people! like allen west says- don’t be afraid of this thug!
BENCH WARRANT, Finding of Contempt of COURT and Lock that Kenyan Usurper Up for a week .. I’m sure SHERIFF JOE ARPAIO in Arizona would be happy to make room!!
GOD BLESS ALL OF YOU IN GEORGIA FOR STANDING UP FOR OUR CONSTITUTION!!!! ALL OF YOU LISTED AT END OF THIS LETTER WILL BE CONSIDERED OUR SECOND FOUNDERS!!! THANK YOU!!!!
Wait a minute.
You say, “OBAMA IS NOW ABOVE THE LAW AND SHOULD BE CONSIDERED AN EMPEROR RATHER THAN A PRESIDENT!!!”
Are you accepting that?
Because he is acting as IF he is above the law, does that make it so?
It does not!
BOTH NEED TO BE ARRESTED!
Don’t allow any acceptance of lawlessness!
Sent to Mr. Kemp at http://sos.georgia.gov/cgi-bin/email.asp :
Dear Secretary Kemp:
Please do not allow this charade that we have as a president to continue We have waited for a court, any court, to hear the case of Obama’s eligibility with no relief. Our nation cannot survive if Obama’s legacy is allowed to survive. Please stand for everyone in the United States of America, we wish to remain a sovereign nation, something that will not be realized if this usurper is re-elected. Thank you!
You Obots are acting like the followers of Kim Jong-il the “Dear Leader” of North Korea.
Put the blindfold of justice on and see the light.
Obama must show proof in court that he is qualified to be POTUS
Birthers, are you kidding me. You’re all a bunch of idiots. WTF Georgia says “yes, it’s bullshit” , but we still want him to waste more of his time on a witch hunt.
Mark Walker
“The question of authority on naming candidates appears to be out of the State’s hands if the cited cases have bearing.
Hate to say it, but I think it’s nicely outlined in Article I Section 4 of the Constitution,, The States set the Rules– funny there isn’t a mention of political parties having any jurisdiction over anything in the Constitution.
This is a disgrace!!!!!!!!!!! worse than what Australia is going through with our athiest leader julia gillard were our countries based on gods word and did they not fight wars to keep freedom
Where did it all go so wrong !!!!!!
Yhe Georgia Sec of State has informed Obama’s lawyer to “Fail to participate at his own peril….
There’s a lot of internet mis information floating around—for example Kenya existed as a colony of the Great Britain It would have been natural for Obama’s Father to list Kenyan,, No clerk in a hospital in Hawaii would have known better, it was on the globe. Hell they were probably excited to meet someone from Africa.. I hadn’t heard the Hospital part–
Legally there are dual citizenship issues and the very definition of Natural Born historically means the offspring of two citizens,, potentially a big problem for Obama… There are rumors another Birth Certificate has surfaced- this one in Kenya, Additionally when Kenya was grated Independence, under Kenyan Law he was automatically a citizen of Kenya– he never claimed it–as required in theroy, but he never renounced it either.
The name of the hospital on the document produced was not the name of the hospital in 1961. The hospital did not have that name until 1964. The place of birth for the father shows his father being from Kenya. Kenya wasn’t Kenya until years later. So unless the person filling out the document had a crystal ball and knew the name the hospital would take two years later and knew that a colony of the UK would obtain independence and rename itself Kenya then the document produced as “original” is a fraudulent document. The hearing was to determine whether he had met the requirements to appear on the Georgia State ballot, and not to run for president. They made John McCain go through a congressional hearing by demand of the Democrats to determine if he was eligible to run for president as he was born in Panama. To run for president both parents must be citizens. Obama’s dad was a citizen of the UK by Obama’s own admission. Is this so hard to understand? The problem is that everybody is so deathly afraid of being called a racist that they give Obama a pass because of the age of political correctness. Well you see where this has taken our nation…straight down the hole and we are no better off now than we were in 1776 when the king of England was trying to rule with a heavy hand. How many millions of Americans have died in the name of this country’s liberty so this baffoon can trample all over We the People.
Georgia, Ignorance is thy name. You people are an embarrassment to this nation.
HA HA HAHAHA!!
The ball is in your court, Georgia.
NOW what are you gonna do? Issue a bench warrant for the arrest of the President of the United States? LMAO
GEORGIA SEC. OF STATE RESPONDS TO OBAMA ATTORNEY!!!!
URGENT SHARE!!!
http://www.thenationalpatriot.com/?p=4122
Obama has tried everything he can imagine to get by with this, with help from big money and unscrupulous lawyers. It is time American citizens came to the aid of the brave Georgia Judge on the 26th, and DEMAND that this usurper comply with the orders. Further, we should demand that the Supreme Court rule on his lack of eligibility based on the definition of Natural Born Citizen. If it takes 50 million people to march on DC, that is what we need to do. Whatever it takes. We need to undo all the new laws he signed and the policies he implemented that are destroying American freedom & prosperity. The Founders would expect no less from us, we must save the Constitution & this nation under God!
Hot! The show will go ON!
Obama attempts to dismiss Georgia Hearing denied by SOS! 9am sharp Watch it at http://t.co/HMoaXnGN
Anyone can ignore a subpoena. It might have significant consequences to do so, it also might demonstrate the action in question is blowing smoke up everybody’s skirt. The real question now is, will GA have the starch to take the next step, and the next, and the next?
Let them go ahead and issue a warrant, or go for summary judgement. Let them go ahead and attempt to arrest the President the next time he is in Georgia…
I find the next to the last paragraph far more interesting than the final one. The question of authority on naming candidates appears to be out of the State’s hands if the cited cases have bearing. It might also be interesting to see if GA law is flawed and doesn’t actually manage to implement the limitations some think it does.
Let them find a summary judgement against the President. There could then be an appeal. We’ll see where this expires and who is left hitching a ride home.
Just because there are a knob of folks insistent on continuing this absurd farce doesn’t mean anyone is obliged to play along. No opponent in a legal conflict is advised to play along with the other guy’s drama plan, and is not necessarily required to disprove the other guy’s claims either. Just the matters of law if you please…, this shopping about for a sympathetic court is pretty pathetic.
Given the State of Hawaii has spoken on this matter. If you have an issue with their position, then it seems the legal issue would be with them. Have any hard evidence their determination is incorrect?
It has become clear to all but the stupid that Obama is a Muslim and he has two goals. The first of which is to bankrupt the nation. The second is to weaken the nation and open the door for the Muslim takeover… His father was a Muslim, His grandfather was a muslim, his tribe is Muslim ,,,, Who do you think I am some sort of nut in thinking that he is anything else… He has appointed dozens of anti Americans to high office and the least of which is Eric Holder of the so called in-justice dept… HELP
He knows that they have probably obtained REAL birth certificate from Kenya!! Also I’ve read when they run e-verify on bo, it does not prove he is a real citizen!
How can he just ignore a subpoena?
Obama’s summoned to court tomorrow to show his birth certificate and documents. The birthers are overwhelmed by the logistics linked to the Georgia Thursday hearings (there are 3 hearings): getting there, organizing the witnesses, dealing with the media etc….We, who are out here, should relay them in the news coverage by flooding Internet with the news that “Obama’s on Trial”. If you want to join and do this, leading up to the Thursday court event, please tell us, send a message to whoever posts this to you. That way we can set afoot a coordinated group, sending out the message to everyone, everywhere in the world,… seeing this is incredibly hair-raising news: that the world’s most powerful man, the President of the USA, the man with the atom bombs’ codes: is going on trial like a criminal. The world has fallen into the pits. Obama’s the Antichrist (Illinois Lottery draw of 666 on Obama’s victory-day.). Once you get this message, immediately send it to 50 people you know and you’ll go to heaven. Geir Smith.
HE IS NOT LEGAL!! HE IS AN ARAB. THERE HAS NOT BEEN ANYTHING SUBMITTED BY OBAMA NOR HIS LEGAL TEAM THAT HAS BEEN ANYTHING OTHER THAN FRAUDULENT PIECES OF PAPER. THEY HAVE BEEN OBVIOUS ENOUGH FOR THE UNTRAINED EYE. ASIDE FROM HIS NOT BEING A LEGAL CITIZEN, HE HAS COMMITTED NUMEROUS CRIMES AGAINST THE CONSTITUTION, AMERICA, AND WE THE PEOPLE. TREASON, ALONE, CALLS FOR THE DEATH PENALTY!!! HE IS NOT EMPEROR, HE IS NOT PRESIDENT, HE IS A TREASONOUS FRAUD!!!!!
What will this fraud obama do when he looses the election,disqualify everyone except himself and declare hisself winner. The judge should call a continuance thursday when he don’t show, up file an arrest warrent and send the us marshelles after him!
I just emailed my thoughts on this to everyone on the e-mail list above. Please do the same.
I just sent an email to Secy of State for Ga. Brian Kemp imploring him to please not shove this under the carpet as other states have done, come on Patriots lets bombard him with emails to show We the People will NOT let this president be above the laws of our great nation! This proves he is a fraud to me!
http://sos.georgia.gov/cgi-bin/email.asp
Obama is NOT an emperor yet! BS! Just get him for failure to show up in court, before he does become one, and ya’ll quit being so pessimistic! Obama is NOT above the law yet, if we go after him NOW, not later!! Don’t let him and his attorney BLUFF us!!
I am sick to death of this entire charade. Weve been duped.
He is not a legal citizen.
He has falsified documents pertaining to such
He has decided he is the supreme dictator and any and all words out of his mouth shall be the law of the land.
He ran as the 1st black president and he’s only half black.
He lied about his school papers, thesis’ , religion, authoring two books, anything at all that we have been led to believe about this jerk is a sham.
We are already the laughing stock of the world..wait until the truth is known about this..we’ll be finished as a country.
He has plenty of time to play golf, shoot hoops, vacation in Hawaii (how many days now?) and assorted other things that are NOT official duty’s as a President. This clearly proves he thinks he’s a Dictator and not a representative of the people.
so, they should proceed w/o them…
How does ANYONE get to ignore a subpoena?!?! Seriously, WTF? Hold him in contempt for ignoring the subpoena! Hold the trial regardless and if he chooses NOT to defend himself then let him deal witht he circumstances when he loses!!
This sends a message to all criminals in the USA that if they are subpoenaed to appear in a court to answer to either civil or criminal charges, they can just have their lawyer (attorney or self represented declaration) send a letter to the court stating they will not be there.
America is in worse trouble that I even imagined, if Obama is allowed to get away with this!