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
Tex
January 26th, 2012
10:38 am
Well I never expected him to show but I am glad someone is pursing it. This guy is a Kenyan Communist plain and simple.
This guy is just out of control and has no love for America.
getoverit
January 26th, 2012
10:38 am
I suppose if the President is lying about his birth certificate, that can only mean Hawaii is lying as well. Please stop wasting our tax dollars on this s**t. Where is Gov Barnes? Cant he step in?
Mac
January 26th, 2012
10:38 am
I think that Obama should show up and then have the federal government sue them cost to government for him having be to answer a frivolous low suit. By the way, does anyone really think it will have any effect of the outcome of the election , if Obama is or is not on the ballot in this dead redneck state?
BelieveIt
January 26th, 2012
10:38 am
Recently I had to prove me and my family’s eligibility for healthcare insurance, I had to show several pieces of movement issued documentation. The certificate of live birth was specifically singled out as NOT a form that can be used to prove my son was born here, only a stamped copy of his birth certificate was acceptable. So tell me why if it is good enough for Obozo it is not good enough for the insurance companies? By the way the insurance company told me that this was a new Obozo law, and don’t blame them, they are just following the law. How could ANYBODY with half a brain vote for this lying hypocrite?
vote
January 26th, 2012
10:38 am
I applaud the efforts to rid ourselves of tyranny.
Beatrice L
January 26th, 2012
10:38 am
I be lovin me some Obama
6939mike
January 26th, 2012
10:39 am
Its about time!
Even the President should be held accountable.
Why should an elected offical be given an exception!
Tex
January 26th, 2012
10:39 am
You got it. This guy is a Kenyan Commie and needs to be taken off the ballot. Bring on Hillary.
Gm
January 26th, 2012
10:40 am
Harvin
Turn off Jerry Springer and close the door behind you at the trailer park and get your fact straight 95% blacks voted for Clinton also, ok there you have it now go back to Jerry.
This just in, no more blacks athletes playing sports at UGA, I promise you all suites would be droped in 15 min.
Rick
January 26th, 2012
10:41 am
“The guy is POTUS and that is the best evidence there is? No pictures? Come on Rick. Think for a change.”
Come on dude you need to stop just believing everything you read and do some research. The article I posted merely pointed out how your statement was false. A simple google search and you’ll find many stories and photos from people in Obama’s past. Two were posted on the last page of comments.
j
January 26th, 2012
10:41 am
the fact that the ajc is even putting this as the lead story is sad.
Taylor Wooten
January 26th, 2012
10:41 am
Everybody knows he’s not an American, born in America.
The clues are everywhere
mehlman rings twice
January 26th, 2012
10:41 am
Instructions for birthers:
1. Look up and read about Heaven’s Gate.
2. Follow their lead.
It Is an ISSUE
January 26th, 2012
10:41 am
@TD and WOW: i appreciate your passion and your blind support but know the facts before you spout. 1. There are 5-7 more states with open cases in court for this same issue. 2. Mr. Obama is a US Citizen, but is not a natural-born citizen in the eyes of Supreme Court Rulings. 3. Why is the office of PotUS above the law?
PMC
January 26th, 2012
10:42 am
We’ve reached a point where our political system is broken, our healthcare system is broken and our economic system is broken.
It’s become a waste of time to be involved in the political process.
Alex
January 26th, 2012
10:42 am
The attorney states that it has been proven time and again that Obama is a citizen and that his birth certificate from the state of Hawaii proves that he is a citizen and under the full faith and credit clause of the Constitution, states are to recognize documents and licenses issue by other states. Two thoughts here. First, the issue at hand is not whether Obama is a citizen but whether he meets the definition of natural born citizen. The Supreme Court has ruled in the past that a natural born citizen is one whom both parents are citizens at their time of birth. Obama has acknowledged himself that his father was a Kenyan citizen. Second how come full faith and credit doesn’t apply to my firearms license?
CTW
January 26th, 2012
10:42 am
All it takes is ONE person in a powerful position to feel a certain way and makes irrational stupid decisions that reflect an entire state. Im pretty sure the majority of Georgians do NOT feel this way but one fool who does. I’m not sure who to vote for in this year’s election..nobody worth my vote.
BelieveIt
January 26th, 2012
10:42 am
sorry government issued
John K
January 26th, 2012
10:42 am
Wow, Georgia is determined to out-stupid Florida! Absolute freaking embarrassment.
Real American
January 26th, 2012
10:43 am
So now tell us birtherics, when President Obama is “found out”, exactly what do you think is going to happen then? Please delight us with your fantastical dreams of the whole nuremburg trial or public hanging in front of the Washington Memorial to be broadcast nationwide. Please please tell us what you believe will then be the recourse for these last 3 years of taking “your country” away from you. Oh and what about all the people that would have conspired with Obama? Are they to be executed too?
Chief Media Urologist
January 26th, 2012
10:43 am
Republicans seem to think America hates America as much as they do. They have spent four years talking amongst themselves and are convinced of an alternate reality that simply does not describe our President Obama.
This is their greatest miscalculation. God Bless Barack Obama.
Greg
January 26th, 2012
10:43 am
hey right-wingers, birthers, tea, partiers, etc.
You have a left wing Kenyan, communist, homosexual, red state taxing, al-queada sympathizer as your freely elected leader and there in nothing you can do about it. Once the death panels are activated as mandated under Obamacare all of you will perish in the most nigthmarish ways imaginable, and I will be there to laugh and spit on your graves. Ha Ha Ha Ha Ha.
Ga. Official Predicts "Peril" For President If He Spurns Birther Hearing | News One
January 26th, 2012
10:44 am
[...] Jablonski’s refusal to further participate in court hearings on the subject. According to the Atlanta Journal-Constitution, Jablonski wrote, in part: The Administrative Law Judge has exercised no control whatsoever over [...]
Courage
January 26th, 2012
10:44 am
Pathetic old south mentality by challeging something like this. If they do it to the president, what would they do to an ordinary citizen ! It is just hatred in Georgia.
chris
January 26th, 2012
10:44 am
Hey rednecks- enjoy the next 4 years. Obama’s winning again in a landslide and there’s nothing you can do about but complain to your other racist friends on the internet. Fortunately, the rest of the voting populous is not dumb as GA conservatives.
srijack
January 26th, 2012
10:44 am
If Barack Obama is taken off the ballot in Georgia then I would like to see George Bush go on trial for being an incompetent idiot that put this country into the mess that we are in today.
Aquagirl
January 26th, 2012
10:44 am
Oooh, the birthers are creeping out of the woodwork, everyone get your popcorn. This is gonna be hilarious.
Big Al
January 26th, 2012
10:45 am
Barack Obama is the Presient of the United States and was elected by the people of this country. All the racists like Kemp need to accept this as fact.
Siekobilly
January 26th, 2012
10:45 am
All of the “Birth Cert has been certified” people amuse me. So you’re saying that with your “knowledge” on photo/image alterations, you can easily identify it as a fake, but somehow every Republican, Tea Bagger, the US Justice System, the CIA, etc… can’t? Your logic makes my brain hurt.
emack06
January 26th, 2012
10:45 am
@Citizen Wells…Yes this is a circus. Georgia judicial system should be ashamed for being a prop for such behavior. The constitution was upheld when President Barack Obama was elected and sworn in. Now people like you, the tea baggers, the birthers, and the republican controlled Georgia judicial system wants to subvert our constitution. Its sad really, It says a lot about the kind of people you are. You know no republican presidential candidate hold a candle to President Obama, so you want to revert to old jim crow style election tactics. With such actions against our President, I am sure he is reminded of Isaiah 54:17: ” No weapon formed against you shall prosper, And every tongue which rises against you in judgment You shall condemn.”
WAR
January 26th, 2012
10:46 am
this makes me ashamed to be southern.
Hazel
January 26th, 2012
10:46 am
From the The Federalist Blog:
Conclusion
Extending citizenship to non-citizens through birth based solely upon locality is nothing more than mere municipal law that has no extra-territorial effect as proven from the English practice of it. On the other hand, citizenship by descent through the father is natural law and is recognized by all nations (what nation doesn’t recognize citizenship of children born wherever to their own citizens?). Thus, a natural-born citizen is one whose citizenship is recognized by law of nations rather than mere local recognition.
Chairman of the House Judiciary Committee, James F. Wilson of Iowa, confirmed this in 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except that of children born on our soil to temporary sojourners or representatives of foreign Governments.”
So, what’s the next craziness?
ghj
January 26th, 2012
10:46 am
The black race loves Obama, he looks more like them than whitey, plan and simple. It can’t be for what he has done for their kind because he has pushed the black race further back not forward. But they will still vote for him, but Obama has lost the white vote which put him in office, not the %12 of america which is black, it was ole whitey. The top 5 percent of wage earners have done well, thanks Obama !!
td
January 26th, 2012
10:46 am
It Is an ISSUE
January 26th, 2012
10:41 am
I think you have misread my post. I think the lawsuit should go forward and be proven one way or the other before the next election. I agree with you on point one and three. On point 2, Obama is a citizen and that is not in question but I do not thin the SCOTUS has really defined the term “Natural Born” as it relates to the eligibility of a Presidential and VP candidate. I think this matter should go to the SCOTUS for a decision.
Truth
January 26th, 2012
10:47 am
Africans, blacks, are not Americans no matter what you say,. Change the Costitution so that none of them can neber be President.
Brian
January 26th, 2012
10:47 am
The state of GA continues to embarrass itself by the conduct of it’s officials. Mr. Kemp is less than Honorable if he allows this circus to continue.
Real American
January 26th, 2012
10:47 am
Hey Aquagirl………and here we thought “Deliverance” was just a fictional movie. I think its safe to call it a documentary at this point.
Swede Atlanta
January 26th, 2012
10:47 am
I suggest Obama just ignore the clowns in Georgia and move on. He is not going to win the state so why waste his time. Focus on things more important than whining birthers that don’t like the fact there is a black man in the White House.
Lynn
January 26th, 2012
10:47 am
This is ignorance at best. Mr. Kemp obviously cant read the law as it applies to this situation. Georgia is making an ass out of itself. The President of the United States should not be subjected to this type of witch hunt. Trust when I tell you people will find other ways to vote and legally like leaving the state. If his name doesnt appear on the ballot then this is just another way to disinfranchise voters. And Georgia has the nerve to wonder why they need governement approval for all voting issues after the Civil Rights Era. This is a perfect example! So what are you going to do put a bench warrant out for the President? I would like to see him being put into a georgia cop car and being transported to lock up. Im sure the Supreme Court will have the final say and tell the state of Georgia that as Commander in Chief it places a burden on his duties to answer this BS!
sammiamm
January 26th, 2012
10:48 am
Orly Taitz, Sheldon Adelson, Mort Zuckerman, et al truly scare me. And they should scare you too.
They use myth and money to manipulate our courts and our election process’ to further a very, very, very hard right agenda that is going to get a lot of people killed–al in the defense of Isreal.
I’m pro-Isreal, but c’mon, don’t we as a nation have larger, more pressing issues in front of us? And is war with Islam the only answer? Many if not most Isrealis disagree with these hardliners.
Newt got 15 MM from Adelson alone.Why?
Follow the money and the lies folks. They’re coming from the same place.
Moving above the Mason Dixon
January 26th, 2012
10:48 am
This is downright embarrasing to the state of GA and plays into the hands of how the media likes to portray the south as a bunch of ignorant good old boys.
Gm
January 26th, 2012
10:48 am
BelieveIt
Hey Obama you Killed bin ladin, but you forgot the worst kind of terrorist , the Georgia hick Terrorist, you know the retards that follow Newt the man that cheated on his wifes,
BelieveIt
Maybe Newt could help some of the poor whites living in S. Georgia trailers”’
Blonde Conservative
January 26th, 2012
10:48 am
EXPORT Brian Kemp.
Today.
How dare he allow our state to become a laughing stock of the nation.
gadem
January 26th, 2012
10:49 am
For the birthers…
http://cityroom.blogs.nytimes.com/2009/01/20/recollections-of-obamas-ex-roommate/
http://www.politico.com/static/PPM116_obamaessay.html
Siekobilly
January 26th, 2012
10:49 am
Bah. I meant “Birth Cert has been shopped”.
non-partisan
January 26th, 2012
10:49 am
This attempt to remove President Obama from the ballot is baseless and outside the authority of Georgia officials, and it makes the citizens of our state appear foolish and ignorant. Since Hawaii has already addressed the questions about President Obama’s birth certificate by providing the original, several Georgians then raised the issue of whether a person can be considered a “natural born citizen” if a parent was foreign-born. But in terms of foreign born parents, Persident Obama is in good company: Presidents Arthur, Buchanan, Hoover, Wilson, Jackson and even Thomas Jefferson had one or both parents born on foreign soil. And Republican candidate Mitt Romney’s grandfather was on the run from authorities, charged with prostitution and polygamy, when he fled to Mexico and Mitt’s father was born there. Since there is no legitimate basis to persist in this effort to remove the President from the ballot, it begins to smell like thinly veiled racism. I am an independent who has voted Republican and contributed to President Bush’s campaign, but am ashamed to see the lengths to which political partisans will go to advance their agenda, even at the cost of tearing this country apart. Enough!
emack06
January 26th, 2012
10:50 am
I will definitely look to filing a class action lawsuit against the State of Georgia, if for some insane reason, President Obama’s name does not appear on the Georgia ballot. It would be a clear violation of my voter rights
Chief Media Urologist
January 26th, 2012
10:50 am
Question: when this is adjudicated in Georgia, and the court verdict is in favor of the Defendant…THEN will the birthers of this state drop the issue…OR…will they cry foul and blame the liberal media and start this nonsense all over again?
UGA 1999
January 26th, 2012
10:51 am
That would be GREAT!
John H
January 26th, 2012
10:51 am
What idiots. They need to go back to law school!