Brian Kemp to Barack Obama’s attorney: Skip ballot hearing ‘at your own peril’

Below is the full text of the letter from President Barack Obama’s attorney, Michael Jablonski of Atlanta, declaring that he will no longer participate in administrative court hearings on a challenge to Obama’s spot on Georgia’s presidential primary ballot.

In essence, Jablonski is putting the onus on Secretary of State Brian Kemp, a Republican, to intervene and bring a halt to the circus. Jablonski includes a copy of Obama’s live birth certificate.

Click here to read Kemp’s reply to Jablonksi, which was also released this morning.It includes this line: “If you and your client choose to suspend your participation in the …proceedings, please understand that you do so at your own peril.”

Jablonski’s letter:

January 25, 2012

Hon. Brian P. Kemp

Georgia Secretary of State

214 State Capitol

Atlanta, Georgia 30334

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.

obamabirthcertificate

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.

[Signature of Michael Jablonski]

- By Jim Galloway, Political Insider

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942 comments Add your comment

Citizen Wells

January 26th, 2012
9:48 am

Circus?
Upholding the US Constitution is a circus to you?

Real American

January 26th, 2012
9:52 am

These birthers are funny. Continuing to hope against hope to get that usurper out of “their” White House. LMAO

Jose

January 26th, 2012
9:55 am

I noticed that Kemp’s letter to Jablonski was sent via email and snail mail, only the email addressed he used is comcast.com. I believe comcast uses the .net suffix so am curious if Jablonski will even see the letter before the hearing.

JSH

January 26th, 2012
9:57 am

This is going to get interesting!

td

January 26th, 2012
9:58 am

It looks like Mr. Kemp ma remove the President from the ballot in Georgia. No one is above the law, not even the President. Good for you Mr. Kemp.

Belly-laughing

January 26th, 2012
9:58 am

This is giving me a much-needed jolly today. Thanks!

What happens when other states

January 26th, 2012
9:59 am

refuse to accept GA birth certificates or state-issued ID’s? this is insanity.

LD

January 26th, 2012
10:01 am

Agree Citizen Wells.
The birth certificate shown by Jablonski has been photo shopped. This document has been torn apart by layers, and proven to be a fake. Mr. Obama is hiding something, and it is something big. Why is everything about this man under lock and key? We know nothing about him, except what he has said.Why have no professors, no college acquaintances, old girlfriends, come forward? No one ever remembered him.

gadem

January 26th, 2012
10:01 am

Birthers are oh so funny…grandstanding for nothing. This is a way of state resources…but alas pomp and circumstance for nothing…

gadem

January 26th, 2012
10:01 am

Broken Link

January 26th, 2012
10:02 am

Jim: Can’t pull up the response from Kemp using your link

Hilton Spence

January 26th, 2012
10:03 am

What an idiot Kemp is.
Yes, Brian, he’s black and he’s smarter than you.
WOW!

mirrose

January 26th, 2012
10:04 am

It is well established that there is no legitimate issue here—a conclusion validated time and again by courts around the country.

That is completely false and has been repeated as a lame excuse for fighting this lawful hearing. No court has ever tried the complaints ON MERIT. So NOTHING has been “well established” about any legitimate issue by any court. The lack of intelligent curiosity about this man with no validated history of claims, by the MSM, demonstrates either their complete ignorance of the facts or their use of their own positions to lie rather than report the discovery that has been recovered by honest and true journalists.

Mr. Bill(ms. helga)

January 26th, 2012
10:04 am

Everyone is laughing in “USURPERVILLE” not!!

gadem

January 26th, 2012
10:05 am

LD, the President is a martian. He is actually a robot…a real live R-O-B-O-T…I saw it with my own two peepers. He has springs and everything inside. He was created in a lab back in area 51. It is real hush hush…G14 classified information.

What happens when other states

January 26th, 2012
10:06 am

I am embarrassed for Georgia. and for those of you who are being strung along with this conspiracy garbage. there’s a sucker born every minute. The Birthers (who make up, maybe .0003% of the population) are correct while the other 99.997% of the country is wrong? please spare me.

ByteMe

January 26th, 2012
10:06 am

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.

Some people really need to read the above a few times to understand what’s about to happen.

Real American

January 26th, 2012
10:06 am

Even FoxNews won’t entertain the birthers anymore. LMAO You know you’ve lost when your mothership won’t even bother pacifying you with these hair-brained antics.

GregB

January 26th, 2012
10:06 am

God, it must really anger the tea-partiers and birthers to hear Republican Speaker Boehner announce from the floof of the House: Ladies and Gentlemen, the President of the United States!

He didn’t call him: The Islamofascist Socialist Usurper Who Doesn’t Belong in Office.

And yes tea-partiers, that was Republican Scott Brown from Massachusetts sharing a long, long handshake and chat with President Obama.

It must drive you crazy to hear Newt Gingrich throw water all over your desires for a birther iquiry. It really must drive you crazy….well, that is a pretty short drive.

bake

January 26th, 2012
10:06 am

why is the state GOP wasting our tax dollars? quit using the Constitution defense to play like this is OK. this is a waste of our money at a time when we don’t have money to waste.

td

January 26th, 2012
10:06 am

Hilton Spence

January 26th, 2012
10:03 am
What an idiot Kemp is.

Why? Is he not following the law of the state of Georgia? It sounds like to me that you want Kemp and the state to break the laws of the state and make this go away for your own personal agenda. If the lawyers do not show up then the judge will only here on side of the lawsuit and it could damamge their client.

cd

January 26th, 2012
10:07 am

Pretty sure the case is over his “Natural Born” status not his birth certificate. And he is not a natural born citizen by defintion. You cant argue that, it is a fact his father was not a US citizen.

WOW

January 26th, 2012
10:07 am

TD: Help me to understand exactly how the PRESIDENT is trying to be “above the law”. He’s provided proof! This is just a waste of tax payers dollars and not to mention just downright STUPID. He’s proven his citizenship, let it go. Try something different! This makes the State of Georgia look IGNORANT and it’s embarrasing and appalling that we can’t seem to move forward from the “old south” mentality in 2012!

Gator

January 26th, 2012
10:07 am

Georgia politics never cease to amaze!!

Cutty

January 26th, 2012
10:07 am

Good luck with that Savannah Port funding.

Signed,

BHO

What happens when other states

January 26th, 2012
10:08 am

No court has ever tried the complaints ON MERIT. So NOTHING has been “well established” about any legitimate issue by any court.

the STATE OF HAWAII has certified this birth certificate. Hawaii and the other 48 states accept Georgia’s certifications. If this trust between states fails, then commerce among the entire country will disintegrate. please…

gadem

January 26th, 2012
10:08 am

I am surprised and ashamed at the same time…It is my wish that those that continue to cling to this fallacy just say what they really want to say and get it out of the way. THEY DON’T WANT A BLACK PERSON IN THE WHITE HOUSE. Saying anything else continues to make the birthers look foolish…

Real American

January 26th, 2012
10:08 am

gadem…no, President Obama is not a robot…he’s a hologram!

Jennifer

January 26th, 2012
10:08 am

This whole charade is a pathetic, ignorant and wasteful attempt to hide behind the “law” to cloak the racism, discrimination and bitterness of these “birthers”, who just can’t stand that a smart, Christian, Black man is the President of their country. It shames me to have to share a state and country with these fools.

Tim Fortman

January 26th, 2012
10:08 am

Citi Wells- you are long known racist around these parts. Sorry you went to second rate schools and are part of the 99% crowd.

What happens when other states

January 26th, 2012
10:08 am

Cutty, South Carolina is putting the kabosh on the savannah project

td

January 26th, 2012
10:09 am

bake

January 26th, 2012
10:06 am
why is the state GOP wasting our tax dollars? quit using the Constitution defense to play like this is OK. this is a waste of our money at a time when we don’t have money to waste.

Is it the state GOP bringing this lawsuit or is it 5 private citizens? Is the state suppose to break its own laws and just ignore the lawsuit or refuse to give these people their day in court?

Aquagirl

January 26th, 2012
10:09 am

Hey, Mr. Kemp—when your letter is cc’d to Orly Taitz, you might want to rethink your argument.

ByteMe

January 26th, 2012
10:09 am

Why? Is he not following the law of the state of Georgia?

Yes, td, he is NOT following the law. See above. Read it carefully. The law does not grant the SoS power to determine who is qualified to be on the Georgia ballot for national office; it’s up to the Parties. It’s that simple.

Ignorant Conservative

January 26th, 2012
10:10 am

I swear to God the State of Georgia’s motto should be “Ignorant And Proud Of It”.

po

January 26th, 2012
10:10 am

Political theater is so fun to watch . . . too bad it cost the state so much . . . and for nothing. Obama is a citizen. He is the President of the United States. Given the slate of known opponents, he will likely be the President for another 4 years. But y’all keep wishing

Ty

January 26th, 2012
10:10 am

A lot of idiots reside in this state, especially the elected officials.

please send your money to Donald Trump

January 26th, 2012
10:10 am

and get him on the ballot. he’s the only one who understands… or wait. he changed his mind?

Real American

January 26th, 2012
10:11 am

Oh___________________Kemp copied Orly Taitz??

BWA HAHAHAHAHAHAHAHA

ray

January 26th, 2012
10:11 am

That is an altered pdf file, not an original birth certificate

J Throckmorton Malcontent

January 26th, 2012
10:11 am

Once upon a time, I knew a couple named GOP and America. He was a little stuffy, a little churchy, and sort of obsessed with business, but he was an okay country club type.
Then GOP started getting weird…substance abuse, listening to talk radio 24/7, strange conspiracy theories. He started running fast and loose with his money investing in various schemes, and eventually his friend the banker had to forclose on his house. GOP had to move out of the White House and into a trailer in the Deep South.
So America left him for a black man. And GOP did not take it well. He started going on crying binges, he refused to sign the alimony checks, he started getting paranoid and carrying guns around and did everything he could to break up America and her new black man.
The funny thing is, if you ask me, America is better off with her new black man. He’s quiet, scholarly, calm, treats her with patience and respect, and truth be told, he’s a better neighbor and family man.

Pandora

January 26th, 2012
10:11 am

NEVER in the History of this Country has an American President has been so disrespected! This is a farce! The ONLY reason why these people (I use that term loosely) want to check to see if President Barack Obama is an American is because he is Black! That is the ONLY reason. Why should he appear in court for a bunch of red neck fools? It has been proven way too many times that he is an American Citizen. I want to see the fools that is requesting this birth certificate. I want to know if they are really American Citizens. If he was not a Black Man this would never happen. He should not show up in court for this crap! Nobody ever requested such documents from President Bush or anyone else that was President, so why now? As a tax paying citizen I have a problem with this. Furthermore as a tax paying citizen and a decent human being I have a MAJOR PROBLEM with the stupid behind judge that is allowing this circus go on. This is crazy. Hell no President Obama should NOT show up in court for this. This is an embarrassment for the state of Georgia and the city of Atlanta. That judge should be made to step down from the bench. I can’t stand racist people. Trust me President Obama WILL be elected as President again in November. I will make sure of that! God is good and God placed him there!

D Money

January 26th, 2012
10:12 am

If these birthers weren’t so ignorant and uneducated, it would be funny. Unfortunately, they want to spend tax payers’ money on frivolous matters as this. Do you really think the President of the US was not vetted by every agency possible before running? Waste of time. This state is a circus full of birther clowns.

Citizen Wells

January 26th, 2012
10:12 am

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

LD

January 26th, 2012
10:12 am

Thank you Georgia. It is wonderful to see a state exercising their rights.

Intown

January 26th, 2012
10:12 am

The whole proceeding is absurd. Malihi should have dismissed this case on summary determination. He’s an experienced OSAH judge and should know better. I suspect that eitehr Malihi has lost his mind or the Republicans are playing polticial games at the expense of our democratic values.

mirrose

January 26th, 2012
10:12 am

Birthers are oh so funny…grandstanding for nothing. This is a way of state resources…but alas pomp and circumstance for nothing…

Hahahahaha! A fraud having to stoop to using a phony SSN (evidenced by the response of no match by govt’s own e-verify site/system) which points only to zero current citizenship of any kind probably due to adoption by Indonesian father and evidenced as well as school report from Indonesia, which fraud has wasted 4 trillion!!!!!!! of honest citizen’s hard earned money, is excused by you by that lame whine. Talk about stoopid! The illegitimate one should add the stolen trillions to what has to be paid back to all of us. $3,000,000 spent on high powered attys to prevent ANYTHING coming to the light of truth does NOT spell TRANSPARENCY. Oh how willing the lemmings are to follow the naked emperor over the cliff to their own demise!

Guyr

January 26th, 2012
10:13 am

And this is why the rest of the country think we’re a bunch of redneck crackers…

td

January 26th, 2012
10:14 am

WOW

January 26th, 2012
10:07 am

Is this lawsuit being brought by the state of Georgia? How can you attempt to lay any blame Georgia, unless, you feel that Georgia should supersede on the behave of the President and not allow these five citizens their day in court? Are you trying to say the President has extra special rights that supersede the rights of these five citizens?

Paula

January 26th, 2012
10:14 am

Good grief. Why do our elected officials continue to embarass this state and its citizens?