Obama says- make them stop the court hearing tomorrow.

 Private citizen Obama doesn't want go to court tomorrow- Please Mr Secretary of State, I don't wanna go-

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)

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.

LOL

The GA Secretary of State gave his response to Obama's Chicago/Atlanta lawyers-

VIA REGULAR MAIL & EMAIL

Michael Jablonski
260 Brighton Road, NE
Atlanta, Georgia 30309
michael.jablonski@comcast.com

RE: Georgia Presidential Preference Primary Hearings

Dear Mr. Jablonski:

I received your letter expressing your concerns with the manner in which the Office of State Administrative Hearings ("OSAH") has handled the candidate challenges involving your client and advising me that you and your client will "suspend" participation in the administrative proceeding. While I regret that you do not feel that the proceedings are appropriate, my referral of this matter to an administrative law judge at OSAH was in keeping with Georgia law, and specifically O.C.G.A. § 21-2-5.

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.

In following the procedures set forth in the Georgia Election Code, 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. 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.

I certainly appreciate you contacting me about your concerns,   and thank you for your attention to this
matter.

Sincerely,
Brian P. Kemp
Georgia Secretary of State

at your own peril.

What peril? Getting kicked off the Georgia ballot? He won't win Georgia anyway.

I'm sorry, I find this so horrific.  It's like damned if he does damned if he doesn't.  The notion of some southern f*cks forcing a black man to prove he's worthy makes my stomach sick.  You can have whatever opinion you want of the job he is doing, but this is simply gross.

It sucks being the President and being sued as a private citizen. Where is that Seal team when you need them?

The Secretary of State seems to have told Obama, you're out of time, you waited too long to ask for help from us.

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.

Trying to make prejudiced folks change their minds...impossible.

An Old Southern Saying fits: Mighty White of 'em!

Find out if Obama's lawyer is telling the truth and he does indeed boycott (at his own peril) the three court hearings scheduled tomorrow morning in Atlanta-

Video feed starting at 9AM-

Beks said

I'm sorry, I find this so horrific.  It's like damned if he does damned if he doesn't.  The notion of some southern f*cks forcing a black man to prove he's worthy makes my stomach sick.  You can have whatever opinion you want of the job he is doing, but this is simply gross.

Here is an ironic quote that usurper in chief Barry Barack Hussein Muhammad Obama Soetoro Soebarkah made on 8/21/10:

"The only people who don't want to disclose the truth are people with something to hide."

The man of many names and SS numbers evidently doesn't want to disclose the truth, so...

If it walks like a duck and quacks like a duck...

The race card is so worn out and threadbare on this issue. Beks, et al, It is dishonorable, totally childish and unfair to accuse people of being racist, especially when some of those same "Southern Folks" such as myself have advocated electing such men as Herman Cain, Colin Powell, or Mrs. Condoleezza Rice, people who have truly been judged on the content of their character and not the color of their skin. Your race card excuse is just a distraction because even you know the truth about Obama but just don't want to damn well admit the utter and complete failure that he is. Southern F*cks you say??? Who really is the racist one? It is sad how Victimization and persecution complexes stick with some people even after leaving the Watchtower. Talk about being sick to one's stomach...

Go ahead now and rebut with name calling as per your usual M.O. instead of listening to truth.

The South shall rise again.....

The case claiming that Obama does not meet the definition of a natural born citizen is being heard now- witnesses are being sworn in and testimony given.

Orly Taitz's case will be last. I missed the beginning, so I can't confirm,  if Obama's lawyer did indeed not come to court today.

Scotland doesn't want to be part of the united kingdom

Orly Taitz is questioning Linda Jordan- She is telling how many SS cards Obama has used- she gives her evidence explaining why she believes the original owner of the Obama SS card was born in 1890, no objections from the other side of the court-Obama's lawyer is not present.

Ohiocowboy        Thanks for starting the thread Moshe

A document expert is giving testimony about Obama's Birth Certificate, powerpoint is being shown right now about the BC .  The Judge is taking it all in.

Atlanta Journal Constitution-

"In court filings, Obama's legal team has called the "birther" allegations baseless and the criticisms of his birth records "patently unfounded." The filings also noted 68 similar challenges filed have been dismissed and, during a 2009 challenge, a federal judge in Columbus fined Taitz $20,000 for "frivolous" litigation.

Marietta lawyer Melvin Goldstein, who is not involved in the case, said if the hearing goes on as scheduled without Obama, Malihi could refer the matter to a Fulton County Superior Court judge. It would be up to that judge to decide whether to enforce the subpoena and, if necessary, hold the president in contempt, Goldstein said."

A document imagining expert is giving his testimony now about the Obama scanned long form BC.

This would be a good time for Obama's Lawyer to jump up and object to his "expert" testimony and then bring forth their expert witness to tell us why it is not a fraud.

Now we are going to hear from an expert who worked in  govt security, immigration and identity theft - has his own private security company-

He ran Obama's SS through databases- SS number was issued in CT during the time that Obama was residing in Hawaii

Now giving testimony about the Obama long form BC- comparing differences with the Nordyke twins BC-

Talking about immigration records now- the quality of the audio could be better-

Testifying what govt documents from Hawaii, Social security and immgration he would need to determine if fraud has been committed.

Just about over- It will be in the Judge's hands to decide now. He has only seen the evidence from one side. Obama's legal team must be planning on stopping this after the horse has gotten out of the barn. If it goes to Federal court, Eric Holder will save the day for his boss.