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
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942 comments Add your comment
Danny
January 26th, 2012
10:24 am
All these birth certificate specialist on this forum or better ignoramuses! What kind of training do you have to say something has been photoshopped or something is real?? All your birthers are pathetic!!! Maybe y’all need something real to do. No wonder why America is going down the toilet with people like you!
Pearl
January 26th, 2012
10:24 am
As an American, this whole fiasco is so embarrassing.
td
January 26th, 2012
10:24 am
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.
First how can you lay any blame on the state of Georgia? They are allowing the rights of 5 citizens to have their day in court.
Second: This lawsuit is not about Obama being a citizen because that is a given. It is about if Obama qualifies under the “natural born” citizen requirement in the Constitution.
Harvin
January 26th, 2012
10:24 am
95% of “Blacks” voted for Obama, I wonder why ? He a brother man, lmao. Well, he to help a brother out sometime. I needs more welffare, i needs crack, a 40 oz malt liquor and some cash 3 numers, and few hoes !
Pizza
January 26th, 2012
10:25 am
Proof that Georgia is not allocating enough resources for education.
Common Sense
January 26th, 2012
10:25 am
Never in the history of the United States has a President so ignored the Constitution or the legal system.
For those that say this issue has been decided, they have not actually followed this case. Each time this was dismissed it was because the Plaintiff “has no standing”.
How convenient for all those involved.
For those that say you should be able to vote for anyone you desire for President, you are wrong. There is a minimum set of qualifications. One is being a natural born citizen.
You cannot get any candidate you desire in the ballots in Georgia. Ask any libertarian how much time and money is spent just getting the permission to put a candidate on the ballot.
Obama could have resolved this years ago. He cose not to.
Where are those he grew up with? Where are the former classmates? The former girlfriends? The former students in his class?
Not one has thought it worthwhile to come forward or right a book or make a television experience?
Herman Cain merely runs for the nomination and women appear out of thin air.
Every state has the responsibility to verify the qualifications of the candidates and whether or not they have met the requirements.
We are the United States of America. That is fifty states united for you that do not grasp it. And each state has their roll.
Follow the rules, change the rules, or quit the game. But do not ignore the rules because you choose to.
WOW
January 26th, 2012
10:25 am
CD
“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?”
Yes, it’s embarrasing to our STATE because a STATE JUDGE is wasting our STATE TAX dollars to pursue this! All other STATES had sense enough to drop this! It’s not going to go anywhere, it’s a waste of time, resources and money that could go to educating our children so that they won’t end up as ignorant as some of the people who are posting on this blog!
T-man
January 26th, 2012
10:25 am
We have some really sick folk’s in this state. This is an embarrassment to the State of GA and the people who live in it. What a circus. We have cut our educational budget so these judges and the Sec. of State Kemp can continue to tie up resources and waste the tax payer’s money on a closed issue. For fun/political gain with our money. Forgot all this was planned back in 1961 when it was announced in the local Hawaiian Newspaper that Barrack Obama was born.
We the people in GA look stupid to the rest of the country. No wonder they call us backward thinking. WOW
Harvin
January 26th, 2012
10:26 am
95% of “Blacks” voted for Obama, I wonder why ? He a brother man, lmao. Well, he need to help a brother out sometime. I needs more welffare, i needs crack, a 40 oz malt liquor and some cash 3 numers, and few hoes !
Cin
January 26th, 2012
10:26 am
“I swear to God the State of Georgia’s motto should be “Ignorant And Proud Of It”.”
Should be the new GA tags right there! lol
Embarrassed
January 26th, 2012
10:28 am
@Pizza Ha! embarrassed
Rick
January 26th, 2012
10:28 am
“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.”
This is simply false. Try not just believing the chain email next time http://www.politifact.com/new-jersey/statements/2011/dec/26/chain-email/obamas-former-girlfriends-sought-conspiracy-theori/
Dela Solenas
January 26th, 2012
10:29 am
Why can’t we all just get along ? The great Rodney King.
chris
January 26th, 2012
10:29 am
Wow, I bet the President’s really nervous about a small handful of good ol’ GA bigots trying to bring him down. These people need to be evicted from their parents’ basements asap. Birthers are truly a toxic mix of inbreeding, racisim and stupidity.
ITS ALL BUSHS FAULT
January 26th, 2012
10:29 am
DO you really think the vetting process was not completed before OBAMA spanked that loser MCLAME.? You GOP Clowns should go crawl back in your inbred holes…
Hey Yawl
January 26th, 2012
10:29 am
I heard that McCain was born in Panama and Romney is a Mexican citizen.
Waste of Tax Money
January 26th, 2012
10:29 am
Good one, Cin. LOL
uga-er
January 26th, 2012
10:29 am
my home state can be so embarrassing
is any of my tax money going to this crap?
Rick
January 26th, 2012
10:29 am
“Where are those he grew up with? Where are the former classmates? The former girlfriends? The former students in his class?
Not one has thought it worthwhile to come forward or right a book or make a television experience?”
lol another one? Please refer to my post a few up.
REAL Concerned African American
January 26th, 2012
10:29 am
HARVIN, you must be from Alabama. That type of ignorance can only be the result of cousins coming together.
DJ
January 26th, 2012
10:30 am
OMG “Waste of Tax Money ” has said it all! Thank you so much because technically, no one would be here if it weren’t for their ancestors who came here and it definitely wasn’t “legal”. It was through the killing of the rightful inhabitants of this land. Unfortunately, that page in your history books are stuck together and you all for whatever reason feel like this is your land. If someone steals or takes something from you, is it really theirs? Get over it…
Captain Kangaroo
January 26th, 2012
10:30 am
Welcome to my court!
Chief Media Urologist
January 26th, 2012
10:30 am
And except for a whole lot of internet and right wing radical radio drivel…has there been even one iota of incontrovertible proof offered by the birthers…after FOUR YEARS OF MOUTHING OFF?….
Denise
January 26th, 2012
10:30 am
My suggestion is that the Georgia taxpayer money that Kemp is using be redirected to the following areas:
-Bolstering the Hope Program.
-Improving the academic performance of Georgia’s public schools.
-Metro area congestion…. SOMEONE HELP US PLEASE!!!!
-Working with Georgia’s farmers in order to address the negative impact that the immigration law has had a them. An immigration law is needed no doubt, but it might need some ‘tweaking’.
-Incentives for home buyers and investors to jump-start home buying.
-Last, but certainly, not least, focus on creating JOBS in our state.
Placing your effort, time, and money on the above list is by far a lot more important to most Georgians than trying to keep someone off the ballot in our state.
Make us proud to be Georgias—not embarassed to be.
Robert
January 26th, 2012
10:30 am
The American People (elderly, minorities, gays & lesbians, Muslims & Jews, etc.) are sick and tired of the homegrown terrorist group(s) known as the “tea party” (klansmen, skinheads, birthers, militia’s, etc.) who have demonstrated their hatred, fear, bigotry and rage/mob mentality against the American People over the past 3 years. The American People elected President Obama by a landslide victory in 2008. The American People who live in Atlanta should march downtown to the Capitol Bldg and demand that Governor Deal fire Brian Kemp immediately. It is time to choose sides. The American People or the homrgrown terrorist group(s) known as the “tea party”? What side are you on?
JPfromthA
January 26th, 2012
10:31 am
Oh brother. The crap these birthers make the US spend money on should be outlawed. Lets have a loser pays rule!
td
January 26th, 2012
10:31 am
WOW
January 26th, 2012
10:25 am
Yes, it’s embarrasing to our STATE because a STATE JUDGE is wasting our STATE TAX dollars to pursue this! All other STATES had sense enough to drop this! It’s not going to go anywhere, it’s a waste of time, resources and money that could go to educating our children so that they won’t end up as ignorant as some of the people who are posting on this blog!
Sort of like the huge waste of tax payer money with all the lawsuits filed to try to get a Judge to say it was unconstitutional to be required to show id to vote?
WOW
January 26th, 2012
10:31 am
Common Sense: He’s PROVEN his citizenship, so what more does one need?! Find another horse to beat because this one is DEAD!
jewcowboy
January 26th, 2012
10:31 am
td,
“How can you attach blame for this lawsuit on the state?”
Because the State is allowing a baseless lawsuit to continue as evidenced by the numerous legal cites given by Michael Jablonski.
“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?”
They have brought it before a judge, and based on the legal merits, it should have been dismissed.
chris
January 26th, 2012
10:32 am
Why do all 5 birthers left in the country have to live here?
jarvis
January 26th, 2012
10:32 am
LD, here’s a link to a story about his college roommates.
http://cityroom.blogs.nytimes.com/2009/01/20/recollections-of-obamas-ex-roommate/
From one Conservative to another, stop. You’re embarassing us.
DJ
January 26th, 2012
10:33 am
“Waste of Tax Money”… I completely agree. Ignorance is really sad. And these people will teach their kids this junk, keeping hatred flowing through generations.
WOW
January 26th, 2012
10:33 am
TD: Yep, just like that! Glad you finally get it!
Josephine Watts
January 26th, 2012
10:33 am
It is what it is, a brother is in office, it the Black House now.
Really?
January 26th, 2012
10:34 am
With all of the power, money, and clout the establishment Republicans have, if there was anything negative to be known about President Obama, believe me, the world would have known before Obama could have gained any ground in even seeking the nomination.
gadem
January 26th, 2012
10:34 am
I need to go into the business of making tin foil hats…here in GA I would make a killing with all of these birther conspiracy theorist. They say he is a citizen but not a natural born citizen….they say no one has come forward claiming to know him…I guess he appeared out of thin air. And those that say they knew him from grade school, high school, and college are all lying? I dont like to call people names, but your birthers are racist fools…mirrose, td and there rest.
Chief Media Urologist
January 26th, 2012
10:34 am
…and yet this circus will continue until November of 2016. Guar…an…teed.
Filter
January 26th, 2012
10:35 am
JIm,
Did I lose a comment?
bloodbike
January 26th, 2012
10:36 am
This is so sad.
1) The President’s lawyer should either show up or send someone to represent him.
2) Colbert should be here in GA making fun of this circus.
3) The President wasn’t going to carry GA anyway so, why does he care what GA does?
4) I was born in Alabama, raised in Tennessee and Georgia as a child, and I’m raising my kids in GA right now. While I love this state, I find this “birther” stuff beneath us. If you don’t want to vote for the man, fine, it’s your right, but this lawsuit stinks something bad.
Auntie Christ
January 26th, 2012
10:36 am
I can imagine SoS Kemp all puffed up with self importance and grandiosity, visions of national press coverage, fame, and guest appearances on Pox News dancing in his head, all from his ‘courageous’ stand here, ‘fighting’ for the Constitution. orville faubus and george wallace suffered the same visions of grandeur, before being relegated to history’s trash heap of red neck, racist buffoons. Kemp say hello to george and orville for us, when you join them in the pit of hell. .
d
January 26th, 2012
10:36 am
They can have their day in court without requiring the sitting president of the United States to appear at a local administrative hearing. This is outrageous. Presidents and governors are sued all of the time, requiring their appearance is exceedingly rare, There is no reason why he has to be there, anything they need to present their case can be achieved without his presence. Will he remember the day of his birth? Will he be able to testify about it? Do they think they will have a Perry Mason moment and he will say- you are right, I have lied all along and it began in the State of Hawaii when I was an infant? These people are a joke, and the State of Georgia is an embarrassment to condone this behavior. A perfect example of judicial activism on the right. Hopefully Jablonski will acquire a protective order from Superior Court to prevent this foolishness.
Kennon
January 26th, 2012
10:36 am
It’s black all right.
Guy in Gwinnett
January 26th, 2012
10:36 am
Why does Georgia remain one of the most racist states in the U.S.? Why are people so ignorant? Stop seeing people for their color! There are good people and there are bad people…..PERIOD! Race shouldn’t be a factor.
WOW
January 26th, 2012
10:36 am
Robert
January 26th, 2012
10:30 am
Well said Robert!
td
January 26th, 2012
10:37 am
jewcowboy
January 26th, 2012
10:31 am
td,
“How can you attach blame for this lawsuit on the state?”
Because the State is allowing a baseless lawsuit to continue as evidenced by the numerous legal cites given by Michael Jablonski.
“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?”
They have brought it before a judge, and based on the legal merits, it should have been dismissed.
The same could have been said about that one citizen that brought the lawsuit to make the voter id law made unconstitutional. Everyone knew this was a waste of time and effort but it went forward and was not just dismissed.
Chris
January 26th, 2012
10:37 am
You birthers are PATHETIC individuals, Obama has showed his birth certificate showing that he was born in HAWAII in 1961 and in case you didn’t know, Hawaii became a state in 1959.
Also there are three requirements to be President
1. Must be at least 35 years of age — Check (Obama was born in 1961, and the elected was held in 2008, Do I really need to do the elementary school math for you on this one?)
2. Must have lived in the U.S for at least 14 years — Check (Obama has lived here for much greater than 14 years, went to school, college, and law school here in the states)
3. Must be a native born citizen, OR if born abroad must be born to two parents who were citizens of the U.S. — Check (Considering the fact that Obama was born in the U.S. (Yes Hawaii is state) That AUTOMATICALLY means he is a native born citizen. Whether or not his father was born in Kenya makes no difference because he was born HERE.
By the way, I learned this in the 9TH GRADE. I would say you birther idiots are the product of a declining educational system, but I would venture to guess that a good number of you are older than me, so in all honesty, I really have no explanation for your ignorance and stupidity.
Baby
January 26th, 2012
10:38 am
The matter has already been decided in the courts. These people are a bunch of illiterate hicks and need to crawl back under the rock from whence they came, and find something better to do with their time.
Common Sense
January 26th, 2012
10:38 am
The guy is POTUS and that is the best evidence there is? No pictures? Come on Rick. Think for a change.
woodrow
January 26th, 2012
10:38 am
The GA Secretary of State is an embarrassment to GA. If Obama is not on the GA ballot, there will be hell to pay. If anyone votes Republican in this state after this fiasco, I’ll be amazed. They are crooked as a dogs hind leg.
jarvis
January 26th, 2012
10:38 am
@Common Sense, here’s another article about his college friend Lisa Jack. She was a photographer. Her pictures of “Barry” Obama are attached to the article.
http://www.latimes.com/entertainment/news/arts/la-et-obama-photos27-2009may27,0,5574190.story