FW: New discussion on 100 Million Patriots Standing

 
> Subject: Presidential Candidates Challenging Obama's Eligibility to Keep
> Obama Off the Ballot: Obama believes he is above the Law!
> ------
> "Obama believes he is above the Law. Do you think Obama is scared - you bet
> he is or he would show up and answer the charges. The answer is he lied to
> the American People.
>
> This is why it is so important to give to Orly Taitz to continue this case
> and to my Campaign.
>
> One of my supporters shouted to me "Give Obama HeLL LL" and that has become
> my campaign slogan.
>
> Obama and his attorney Thugs are doing everything they can to stop this case.
> Why do you have something to hide, Obama? ....I think so!"  -- Leah Lax,
> Democrat Presidential Candidate
>
> This is Obama's bold defiance of a judge's court order to appear: The email
> from  MICHAEL JABLONSKI, Attorney for President Barack Obama:
>
> 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 [1])
>
> 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 [2]))
> Van Irion, Esq. (van@libertylegalfoundation.org [3])
> Orly Taitz, Esq. (orly.taitz@gmail.com [4])
> Mark Hatfield, Esq. (mhatfield@wayxcable.com [5])
> Vincent R. Russo Jr., Esq. (vrusso@sos.ga.gov [6])
> Stefan Ritter, Esq. (sritter@law.ga.gov [7])
> Ann Brumbaugh, Esq. (abrumbaugh@law.ga.gov [8])
> Darcy Coty, Esq. (darcy.coty@usdoj.gov [9])
> Andrew B. Flake, Esq. (andrew.flake@agg.com [10])
> http://www.orlytaitzesq.com/?p=30746 [11]
>
> Georgia Secretary of State's Response to Joblonki's letter:
>
> https://fbcdn-sphotos-a.akamaihd.net/hph... [12]
>
>
> [1] mailto:vrusso@sos.ga.gov
> [2] mailto:kbeal@osah.ga.gov
> [3] mailto:van@libertylegalfoundation.org
> [4] mailto:orly.taitz@gmail.com
> [5] mailto:mhatfield@wayxcable.com
> [6] mailto:vrusso@sos.ga.gov
> [7] mailto:sritter@law.ga.gov
> [8] mailto:abrumbaugh@law.ga.gov
> [9] mailto:darcy.coty@usdoj.gov
> [10] mailto:andrew.flake@agg.com
> [11] http://www.orlytaitzesq.com/?p=30746
> [12]
> https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/423224_263678360369540_100001821345474_662464_618416253_n.jpg
>
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