Its Time for ALL of Us to Take Action on Obama’s Eligibility

Carter Braxton, Thomas Malaren, John Hart, David Farrar, Thomas Lynch Jr., Leah Lax, George Read, Laurie Roth, Lewis Morris, David Weldon, Stephen Hopkins, Carl Swensson, William Ellery and Kevin Richard Powell.

Who are they?

In a word…Patriots.

Braxton, Hart, Lynch Jr., Read, Morris, Hopkins and Ellery were among the 56 who signed their names to the Declaration of Independence.

The others, Malaren, Farrar, Lax, Roth, Weldon, Swensson and Powell…Patriots too.

The latter group were the plaintiffs, last Thursday in a courtroom in Atlanta, Georgia, as Obama’s eligibility to appear on that state’s ballot was held.

Were the 56 a great deal different than the 7?

No.

The 56 gave birth to a nation of laws and stated their case in the Declaration. That nation was, via the Constitution, entrusted to the people.

The 7, guided by the Constitution, are carrying the torch having stated their case in a Georgia courtroom.

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Obama Eligibility Defining Natural Born

Today, we’re looking at the term, Natural Born Citizen, what it means and from where it comes. That term after all is at the core of the hearing regarding Obama’s eligibility,last week in Georgia.

Our coverage of last Thursday’s hearing has received an extreme amount of traffic and a multitude of comments. Within those comments are a good number from Obama voters and within many of them is a complete disregard for the Constitution.

We don’t know for sure, but one can suppose, they are products of the liberal education and indoctrination system where the Constitution either isn’t taught or parsed to fit a certain agenda and ideology.

We can’t begin to tell you how many, in those comments, have the impression that, “If he was born in the United States, he’s a citizen and can be the President.”

Put your hands in the air and step away from the Kool Aid!!!

Here is where we begin.

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Obama Eligibility and the Gotcha Liberals

It’s time I suppose to deal with some of the neener neener liberals out there. I know a few and a suspect you do too.

Liberals won’t do their homework or, they’ll only do it up to a point. They will parse out only what backs their position without bothering to mention the whole story.

You and I both know this kind of liberal, don’t we?

These are the Obama Kool Aid drinkers who just can’t bring themselves to the understanding that THEIR guy may well be in trouble and in order to deflect any talk of ineligibility, they try the old and worn…”Well, what about THESE Presidents…HUH?”…tact.

These liberals will lay upon you the names of other Presidents who had one or both parents born off soil so to speak so, let’s have a look shall we?

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Friday Fume

Is it really Friday already?

I just got over LAST week’s bout of fuming and here we are at the end of another week of liberal/socialist inane blather.

Fear not Patriots, even though it seems to have crept up on us like a cheap pair of tighty whities,

It’s Friday and…

I’m fuming.

“He’s not going to ask me to stay on, I’m pretty confident. I’m confident he’ll be president. But I’m also confident he’s going to have the privilege of having another secretary of the Treasury.”

Those were the words of Timmy Tax Dodger a few days ago.

Who would have thought, just a couple years ago, that a guy who DIDN’T PAY HIS TAXES AND WAS PUT IN CHARGE OF THE TREASURY WOULD BE THE LEAST OFFENSIVE OF THE EMPEROR’S MINIONS???

Can’t we get ERIC HOLDER to make a FAST AND FURIOUS DEPARTURE???

Now we get THIS from Hillary…

She wants to “step off the high wire of American politics.”

AREN’T THE RATS ALWAYS THE FIRST TO JUMP OFF A SINKING SHIP???

Ol’ Hillary says she’ll stay on ’til the Emperor nominates somebody else for the State Department post and given his STERLING RECORD OF NOMINEES…one has to wonder where he’ll find a replacement.

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FULL ANALYSIS OF OBAMA ELIGIBILITY HEARING

For the first time, this morning in Georgia, the question of Obama’s eligibility to serve, became official. No longer the stuff of speculation, no longer dismissible by liberals as something which will never be heard in court, Obama’s eligibility became a matter of an official court record.

What does it mean?

To answer that, one must look at the reason for the hearing to begin with.

For years, Orly Taitz and the Liberty Legal Foundation along with others, have questioned Obama’s legal right to serve. For years, that argument centered on the birth certificate and whether or not Obama was born in the United States.

What made this case and this hearing different, is that it mattered not where Obama was born rather, at the center of the stage, would be the nationality of Obama’s father.

Obama’s father was never a U.S. Citizen and a great deal of evidence to that point was entered  into the official record this morning.

Another linchpin in all of this, is the definition of “Natural Born Citizen” which one must be, by writ of the Constitution, to hold the office of President. According to the plaintiffs in this hearing, that definition can be clearly found in the written opinion of the United States Supreme Court in the case of Minor vs Happersett from 1875.

That opinion, which by the way is backed up by several other Supreme Court opinions, states that for one to be a “Natural Born Citizen” both of one’s parents must be U.S. Citizens.

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OBAMA ELIGIBILITY COURT CASE…BLOW BY BLOW

Editor’s Note:

The hearing was before Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by California attorney Orly Taitz, who has handled numerous cases concerning Obama’s eligibility; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. This hearing took place  in the courthouse lacated at: 230 Peachtree Street N.W., Suite 850 Atlanta, Georgia 30303 on January 26th 2012 at 9am EST.

Docket Number: OSAH-SECSTATE-CE

1215136-60-MALIHI

Given the testimony from today’s court case in Georgia, Obama has a lot of explaining to do. His attorney, Jablonski, was a NO SHOW as of course, was Obama.

The following is a nutshell account of the proceedings.

Promptly at 9am  EST, all attorneys involved in the Obama Georgia eligibility case were called to the Judge’s chambers. This was indeed a very interesting beginning to this long awaited and important case.

The case revolved around the Natural Born clause of the Constitution and whether or not Obama qualifies under it to serve. More to the point, if found ineligible, Obama’s name would not appear on the 2012 ballot in Georgia.

With the small courtroom crowded, several in attendance could be seen fanning themselves with pamphlets as they waited for the return of the attorneys and the appearance of the judge.

Obama himself, who had been subpoenaed to appear, of course was nowhere near Georgia. Instead, Obama was on a campaign swing appearing in Las Vegas and in Colorado ignoring the court in Georgia.

Over the last several weeks, Obama’s attorney, Michael Jablonski, had attempted several tactics to keep this case from moving forward. He first tried to have it dismissed, then argued that it was irrelevant to Obama. After that, Jablonski argued that a state could not, under the law, determine who would or would not be on a ballot and later, that Obama was simply too busy with the duties of office to appear.

After all these arguments were dispatched by the Georgia Court, Jablonski, in desperation, wrote to the Georgia Secretary of State attempting to place Obama above the law and declared that the case was not to he heard and neither he nor his client would participate.

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WATCH OBAMA ELIGIBILITY PROCEEDINGS LIVE

LINK TO WATCH PROCEEDINGS AT THE END OF THIS ARTICLE.

Yesterday, we told you a storm was coming to Georgia regarding Obama’s eligibility and the questions surrounding whether or not his name will appear on that state’s 2012 ballot.

There was no calm before the storm.

We expected activity leading up to this morning’s proceedings but the flurry and scope of that activity was indeed heated.

Obama’s attorney, Michael Jablonski, who has tried everything he could think of in the last couple of weeks to get his client out of this, got desperate yesterday. Jablonski fired off a letter to Georgia’s Secretary of State making it clear that as far as HE was concerned, there was nothing to the case and neither he nor his client, Obama would participate.

Here is the final paragraph from that 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.”

In essence, Jablonski was ordering the Sec. of State in Georgia to call it off and as you can well imagine, that didn’t sit well with Secretary of State Kemp.

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GAME ON…GA SEC. OF STATE SLAMS OBAMA ATTORNEY

Hours ago, we became aware of a letter sent from Obama attorney Michael Jablonski to the Georgia Secretary of State. In that letter, Jablonski made it clear than neither he, nor his client, Obama, would appear in a Georgia court tomorrow morning.

The case regarding Obama’s eligibility and his inclusion on the Georgia 2012 presidential ballot is ON.

This evening, the Georgia Secretary of State, the Hon. Brian P Kemp issues the following letter in response to Jablonski!!!

This means it’s game ON for tomorrow morning at 9am EST in Georgia.

BREAKING…URGENT…OBAMA ATTORNEY WILL NOT SHOW UP IN COURT

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!!!

The Case Against Obama

Source

Eligibility, Obama and the Coming Crisis

Tomorrow, a storm will strike in Georgia. It could well be a storm of epic proportions. It will be a political storm from which a Constitutional crisis could well arise.

It will take place in a Georgia courtroom.

Obama’s eligibility to serve as President is on the line.

It’s been a long and hard road for Dr. Orly Taitz and the Liberty Legal Foundation, which will represent the plaintiffs in court tomorrow, what they have been working toward may well create the perfect storm.

Make no mistake, while the outcome of this case is at the state level, and while it will not, if successful by the plaintiffs, remove Obama from office, it could set the stage for that ultimate showdown.

This case, brought forth in Georgia, will decide, before appeals, whether or not Obama is qualified, by virtue of the constitution, to appear on Georgia’s ballot in 2012.

This IS huge.

There are other such cases being formulated and one, in the state of California, which is pending.

The case against Obama’s eligibility hinges on the definition of “Natural Born Citizen” and the constitution clearly states one must BE a Natural Born Citizen in order to serve as president.

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