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.
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
For instant updates, follow me on Twitter, or connect with me on Facebook.
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Visitor Agreement | Privacy Statement
© 2013 The Atlanta Journal-Constitution
942 comments Add your comment
KE
January 26th, 2012
10:14 am
This is absurd and embarrassing to our state.
proud Obama Fan
January 26th, 2012
10:14 am
this is straigh bull they are to busy tryign to find out if this man was born in america instead of working on making sure this economy is not about to go into the hands of these horrible republicans work on trying to strengthen this country instead of petty crap like this!!!!
WOW
January 26th, 2012
10:15 am
CD: You’re about as ignorant as your friend TD. His father was not a citizen but his mother was BORN IN KANSAS! Natural born citizenship status requires only one parent meet residency requirements and since Kansas is in the United States (in case you didn’t know that), she met the requirement, therefore so does he! Use common sense people..
KZGuy
January 26th, 2012
10:16 am
The party of “No” continues to earn its stripes. The fact that Kemp lets this continue is pathetic. What do you expect from a state that reelects Johnny and Saxby.
Amy in the ATL
January 26th, 2012
10:16 am
The birthers are a complete waste of space. If you happen to be a birther, you are probably a tea partier and have expressed concern about corrupt individuals wasting taxpayer’s money on frivolous issues. Need someone to blame?–hey go look in the mirror! Please, please, please get a brain and go find a real issue and stop beating a dead horse. Even Republicans think y’all are NUTS.
Jo
January 26th, 2012
10:16 am
The President and his team have answered all Georgia summons to date and have not simply shrugged in the face of their legal responsibilities. The fact that they are asking that this partisan circus be brought to a close is predicated on the loss of similar cases all over the USA as well as the contempt the case shows for the state of Hawaii’s laws and documents. If Georgia breaks the laws of the nation and our constitution, Georgia should be featured in the new movie called Deliverance 2…
CD: Obama was born in the USA and his mother is a US citizen. I have children born in Italy and they are both US citizens and because I was in the military and they were born in a US hospital, it was like they were born in the USA. The mother is not American by the way. You are therefore wrong and yes, we cant argue that because well…you are factually wrong so there is nothing to argue about.
DJ
January 26th, 2012
10:16 am
This is really sad and a waste of everyone’s time. If you don’t like the man then don’t vote for him. This is America and you have that right. But to sit here and continuously DEMAND that he prove his
citizenship EVEN after he obliged the crazies months ago, is flat out racist and wrong. I have more respect for those who just come out and say it. “I don’t like him because he is a Black man and history has taught me to distrust anyone different than myself.” Or better yet, “Black, Brown, Yellow, Tan, people need to know their place and it is not in the White House.” Times have changed and people have changed. Those of you who are “struggling” with this change will continue to lash out and behave manically and that is truly sad for humanity. A New Earth is here….
Artie
January 26th, 2012
10:17 am
Just another move that keeps Georgians in the spotlight as “bumpkins” to the rest of the country!!!!!
Mister.Earl
January 26th, 2012
10:17 am
“… the phony birther stories, the phony muslim stories the phony tax increase stories are a product of civility and decency by the leadership of the Conservative movement?
From the minute he took the oath of office the onslaught of hatred toward President Obama became a profit making industry. From Limbaugh to Fox they have convinced millions of people that Obama is a muslim who wasn’t even born in the Untied States and that he’s raised taxes on middle class Americans…not one bit of it even remotely true.”
One more thing. Fu#K Jan Brewer.
Rick Day
January 26th, 2012
10:18 am
Jesus wept.
Sheila
January 26th, 2012
10:18 am
You would think with all that we as Americans must deal with. This would be at the bottom of the list. Correct me if I a wrong but was’nt his mother an American and his Grandfather served in the war, which would certainly make his mother an American. Hey let’s take this due diligence energy and use it to put our fellow American’s back to work.
jewcowboy
January 26th, 2012
10:18 am
GA is a freakin joke and an embarrassment to the entire nation for various reasons, this included.
td
January 26th, 2012
10:18 am
KE
January 26th, 2012
10:14 am
This is absurd and embarrassing to our state.
Why? Do you advocate that Secretary Kemp should break state law to satisfy the Dems political agenda?
Artie
January 26th, 2012
10:18 am
The GOP is just freaking out because they don’t have a legitimate contender in that clown-car posse to unseat Obama.
JROLL1
January 26th, 2012
10:18 am
I think Kemp should be Drug tested for participating in this FARCE! And LD, you get in line as well!!!!! td you and mirrose as well!!!
Will
January 26th, 2012
10:19 am
The next tactic is to prove that the statehood of Hawaii is bogus and if Hawaii is actually akingdom in the Pacific, then anyone born there is not an American!
Marcia
January 26th, 2012
10:19 am
Pandora, you summed it up in a nutshell.
Just take a look at Jan Brewer in AZ.
I think we need to resurect the Black Panther Party
I also am going to do my part to reelect him just to piss off the birthers and theses racists.
LeeS
January 26th, 2012
10:19 am
Ignorant Conservative, I heard they may put that on next years auto tags. Yes, it’s definitely a proud day in Georgia when the real citizens of this state stand up and do something about this negro! We need to PARTY like it’s 1956……
Chief Media Urologist
January 26th, 2012
10:20 am
I have to weigh in on Mr. Kemp’s behalf, and say that in this case, he has done the right thing. Defendant’s counsel needs to file for a postponement of the hearing to a later date, due to the diminished timeframe to frame an answer to the lawsuit.
And then, let the fun begin.
Defendant’s counsel will thrash plaintiff with evidence, precedent, and vitriole. A media circus should and will be attendant to the proceedings. And when all is said and done, and the frivolity of the lawsuit is exposed in the light of day, the President and the Democratic Party should use this opportunity to ridicule, denounce and castigate the ignorant fools who wish to subvert the will of the people to serve their own myopic purposes. The plaintiff’s attorney should be held accountable and punished according based precisely on the laws outlined in defendant’s counsel’s letter to Secretary of State Kemp. Mr. Kemp himself should be the center of ire and contempt.
Let this circus begin. And when the tents fold, let this be an example to other bigoted, hateful, so-called conservatives to think about LEADING this country to prosperity through the application of ideas and policy, something that has sorely lacked for many years in the Republican establishment.
mirrose
January 26th, 2012
10:20 am
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…
Oh, the stoopid lemmings so evident here. No engagement of any adjacent brain cells, just swallowing the repeated knee jerk talking points. The State of HI has not certified anything presented by Obama. In fact the DOH official who claimed to see the “original” which was to have been duplicated by Obama said in public in interview that it was half written and half typed. Voila…phony photoshopped digital production doesn’t copy!! But then don’t let the facts interfere with public ignorance.
Go Fish, Georgia
January 26th, 2012
10:20 am
Did Sonny Perdue appoint this clown? This moron should send the county sheriff to DC to apprehend Obama and bring him to court in chains.
lol
January 26th, 2012
10:20 am
yes im sure the president will just run to atlanta and wait in a courtroom next to a drug dealer. are these people insane?
Artie
January 26th, 2012
10:20 am
Does this really matter in the grand scheme of things??? No…Georgia will go to the GOP as it always does and Obama will still win the election.
RDM1975
January 26th, 2012
10:20 am
Seriously???? Even though I’m a Republican, this is even too much for me. This is yet again something else that makes the state of Georgia look completely stupid.
mehlman rings twice
January 26th, 2012
10:20 am
These birthers remind me of Rep. Joe Wilson, (R-SC) who thinks that there is no higher calling than putting a black man in his place. You birthers should just show us how angry you really are by dousing yourselves with gasoline and setting yourself on fire in protest. You will really get America’s attention then.
lol
January 26th, 2012
10:20 am
alas, they are also retarded come to think of it
This is stupid
January 26th, 2012
10:20 am
What a waste of taxpayer dollars! When will the Jim Crow tactics end?
Mr. Bill(ms. helga)
January 26th, 2012
10:20 am
“The Atlanta Urinal & Constipation”
Chris
January 26th, 2012
10:20 am
CD, to be a natural born citizen you yourself have to be born in the United States or its territories. It has nothing to do with your parents. This is why pregnant women cross the border to give birth to their children. It makes their children natural born US citizens.
Hurricane
January 26th, 2012
10:21 am
We have a bunch a stupid clowns running the State of GA. Then they wonder why President Obama doesn’t give a damn about GA when it comes to funding our major projects like the Port of Savannah, or other transportation projects.
Cobb Resident
January 26th, 2012
10:21 am
No wonder the rest of the country thinks Georgia is a backwards state. “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.
td
January 26th, 2012
10:21 am
jewcowboy
January 26th, 2012
10:18 am
GA is a freakin joke and an embarrassment to the entire nation for various reasons, this included.
How can you attach blame for this lawsuit on the state? Did the state of Georgia bring this lawsuit? Should the secretary of state break state law and the rights of 5 citizens by not bringing the complaint of 5 citizens in front of a Judge to decide the merits of the case?
Holden Magroyne
January 26th, 2012
10:21 am
OBAMA 2012!!! 4 MORE YEARS!!!!
Darwin
January 26th, 2012
10:21 am
Notice when Republican politicians “play to their base” they act like idiots. Tells you something doesn’t it.
Browncoat
January 26th, 2012
10:21 am
Seems to me the President should stop complaining, and have his attorney attend the hearing, submit the birth certificate, and be done with the issue. Looks like PrezBO is the one now escalating the issue when it could be resolved at the hearing.
freddy
January 26th, 2012
10:22 am
Brian Kemp is an idiot, just like every other GOP politician. I mean why is this S**T still going on? You idiots have had almost 4 years to prove your case, and it has been thrown out each time. I guess these fools won’t stop even if Obama is not reelected. It is plain old racism. Alot of the GOP white establishment cannot stand the fact that a man of color is in the White House. It would be wrong to say that up front, so they hide behind crap like this. I wonder what the issue would be if Obama’s father was an American, born in say Chicago. I guess these fools would say that Chicago is not part of the USA.
Laughing Stock ! HAHAHA
January 26th, 2012
10:22 am
As an outsider, it appears the voters of Georgia have either been hood-winked by their elected officials or your inbred politicians have finally floated to the top of your slimy cess pool and are thrashing about with flailing arms and legs, getting their crap on everyone standing close by. I’m sure the next step will be another shout of secession of which I and the other 49 states citizens would gladly welcome. Good riddance to the sheep of Georgia who fall in line and follow their 19th century politicians down the road of ignorance. Perhaps you can join a union with Haiti, Dominican Republic and perhaps Cuba.
REAL Concerned African American
January 26th, 2012
10:22 am
This is sad!!!! In 2012, we still have this type of debate, attitude, and racism in Georgia. This is NOT about he birth place, this is about his color and Georgia being still behind that times on acceptance of people. What is sad is that most of you probably work in Corporate American and influence the promotions of people of color and women. NEW FLASH – The only TRUE ORIGINAL Americans are the American Indians. More NEWS FLASH – We have an African American President, GET OVER and out of the 60s.
Aquagirl
January 26th, 2012
10:22 am
Kemp copied Orly Taitz?? BWA HAHAHAHAHAHAHAHA
Yeah, gotta love Jawja.
ITS ALL BUSHS FAULT
January 26th, 2012
10:22 am
Even if he was born on MARS his mother was an AMERICAN CITIZEN. No wonder the rest of the country thinks georgia is full of RETARDS… GEEZ… GET a LIFE!
Waste of Tax Money
January 26th, 2012
10:23 am
This is a bad day to live in Georgia…To believe this silliness one would have to believe that his parents knew he would one day be president to have something hide. Just call this what it is… you are mad the man in charge is half of what you think you are. Where are you from? Truth be told unless you are an Indian you are a naturalized citizen toooo. Please stop making Georgians seem like real dummies. I am glad I am a transplant and not from this state. This state has so many other issues to worry about.
Wesley T.
January 26th, 2012
10:23 am
This is really the last straw. All thinking Georgians should band together, leave the state and then formally request that its remaining residents secede.
Time to change back
January 26th, 2012
10:23 am
I particularly like the smiley face that is added to the Letter A in the signature. Ya think this is someones idea of telling people this is also a fake? I really wish they would produce the micro film copy of his birth certificate and put a end to all this. I don’t want to say he is a not a citizen but I also am not 100% convinced that he is either. In my opinion, nobody goes to the cost of over 1 million dollars and goes to the trouble of having all his school records sealed if that person has nothing to hide. Its just not reasonable to spend millions to defend a 15 dollar birth certificate. That said, I want to see the micro film copy of file in Hawaii and I also want to see his college records released. Lets put a end to this once and for all shall we?
Gm
January 26th, 2012
10:23 am
Our President and our Navy Seal just saved one of our citizens from abroad and these country hicks are treating this President with lack of respect.
People around the country dont expect you people to understand this since most of these idiots never been out their trailers never mind going out the country.
Browncoat
January 26th, 2012
10:23 am
Oh, and there are a lot of internet tough guys on here this morning.
Cobb Resident
January 26th, 2012
10:23 am
We give the country this and Newt to laugh about in the same week
Woofie
January 26th, 2012
10:23 am
Just another total waste and irresponsible use of Georgia taxpayer dollars, which republicans claim to guard with fervent passion. Liars! Good for the POTUS for telling Kemp and the State of GA to kiss his you-know-what! Our state leaders are such fools.
Just Because
January 26th, 2012
10:23 am
Mr. Jim Calloway and AJC writers – It would be greatly appreciated if you would respect the highest office of this great land and when referring to President Obama – refer to him as such. It is very disrespectful for an organization such as this one and many others to show such a lack of respect by calling him by his first or last name only. Thank you.
Edward
January 26th, 2012
10:23 am
Georgia, the state most proud to be an ignorant backwater. Georgia was a traitorous terrorist regime once and seems determined to become so again.
Citizen Wells
January 26th, 2012
10:23 am
Non citizens crossing the border for a US birth provide US Citizenship, not Natural Born Citizenship.
Ignorance is not bliss!