- Law Cases
by Sharon Rondeau
(Jan. 25, 2012) — Atty. Orly Taitz has published a letter written from Obama attorney Michael Jablonski to the Georgia Secretary of State stating that he is refusing to appear on his client’s behalf at the hearing scheduled for Thursday morning in Atlanta.
Judge Michael Malihi had denied Jablonski’s request to quash subpoenas issued by Taitz seeking information from Obama on his background, including a certified original birth certificate, school records, social security number application, and documentation of any other names he might have used in the past.
Three sets of plaintiffs and their attorneys have filed ballot challenges to Obama’s constitutional eligibility to be placed on the state ballot. Over the past four years, questions have arisen about whether or not Obama qualifies as a “natural born Citizen” as required by Article II of the U.S. Constitution. Also at issue is the authenticity of the “birth certificate” which Obama revealed to the public on April 27, 2011 and the stonewalling on the part of Hawaii Department of Health officials to release the original allegedly held in their files.
Taitz flew to Georgia from California on Tuesday and is representing four presidential candidates and a registered Georgia voter. Two other plaintiffs are represented by Georgia state representative and Atty. Mark Hatfield, and another registered voter is represented by Atty. Van Irion of Liberty Legal Foundation.
Obama claims that his father was a British citizen and that therefore he, Obama II, was born with dual citizenship, raising questions about dual allegiance and whether or not a dual citizen is a “natural born Citizen.” Some attorneys and scholars have stated that the citizenship of the parents or the father is equally important to, or perhaps more important than, the physical birthplace of the candidate. In April 2008, Sen. John McCain was declared a “natural born Citizen” by Senate Resolution 511 by virtue of his two U.S.-citizen parents, although McCain was born in Panama, to which Obama gave an assenting vote.
The Law of Nations by Emmerich de Vattel is often referenced for matters of determining citizenship and to define the term “natural born Citizen.”
Editor’s Note: A search for Obama’s “Fight the Smears” website in search of his claim of dual citizenship at birth now leads to AttackWatch.com.
Obama traveled to Iowa and Arizona today where he and Arizona Gov. Janice Brewer were noted to have had an apparently angry interchange. While it has been reported that he will remain in the West tomorrow, the official White House presidential schedule states that Obama has “no public schedule.” Each morning this week, the schedule has been empty, apparently updated day by day rather than weeks or months in advance.
The constitutional eligibility of Mitt Romney, whose father was born in Mexico, and of Rick Santorum, whose parents were born in Italy with naturalization dates unknown, has also been raised but is not a topic at the hearing scheduled for the 26th.
In his letter, Jablonski said that “The Secretary of State should withdraw the hearing request as being improvidently issued.” He disparaged Taitz’s prior work in the case Rhodes v. McDonald, quoting from Judge Clay D. Land’s decision which claimed that Taitz had “abused her privilege.” Regarding the presiding judge, Jablonski stated to Kemp that “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.”
There has not been a proceeding to date, but rather, only administrative motions which have been filed by each side. Jablonski concluded his 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,
Georgia State Bar Number 385850
On January 24, 2012, during the State of the Union address, Obama stated that everyone needed to “play by the same set of rules.” But is he?
Update, 10:10 p.m. ET: In a letter dated January 25, 2012, Georgia Secretary of State Brian Kemp responded to Michael Jablonski request to cancel the hearing by stating that he had referred the matter to the judge for the purpose of having all of the evidence examined and reviewed. ”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.
Kemp added that if Jablonski and his client, Obama, decide not to appear at the hearing, they “do so at their own peril.”
The Post & Email had reported on the case of two registered voters in Georgia who had sent a request to Kemp to provide the informations he had in his possession to determine that Obama’s name would be placed on the 2012 presidential ballot. When no response was received, a follow-up letter was sent asking that Obama’s name be withheld from the Georgia ballot “until you can find that he has acceptable qualifications…”
When Kemp failed to respond, the voter asked Superior Court Judge David Barrett to convene a special grand jury to investigate Kemp’s inaction on the matter. In his response, Judge Barrett cited a law which allows for the convening of a special grand jury only in counties with a certain population, which the citizen’s did not. Barrett refused the citizen’s request on that and other technicalities.
Kemp responded to Atty. Jablonski within a matter of hours.
The Post & Email had contacted all 13 U.S. congressmen, both senators, and the Georgia governor to request a statement on the eligibility hearing scheduled for the 26th. Not one of them responded.
Tags: Article II, Atty. Mark Hatfield, Atty. Orly Taitz, Atty. Van Irion, British Citizen, Emmerich de Vattel, Georgia, natural born citizen, Obama's birth certificate, Obama's long-form birth certificate, Panama, Sen. John McCain, State of the Union address, U.S. Constitution