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
The Elected One
January 26th, 2012
10:51 am
Mr. Kemp is nothing but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.
- Macbeth
Gm
January 26th, 2012
10:52 am
ghj
Bush destroyed the economy and 3500 Americans died under his watch so why does white America love rep party?
Sir Stealth
January 26th, 2012
10:52 am
Thanks so much to those involved with this case for making the State of Georgia look like a complete joke. If other states refuse to accept my Georgia issued birth certificate and driver’s license as valid, I will completely understand.
Real American
January 26th, 2012
10:52 am
gadem….Obama was not born in the USA! He’s not even real…he’s a figment of our imaginations, all of us have been implanted with a chip that makes us believe he’s real…all courtesy of the Illuminati or New World Order or some such global secret organziation.
When the machines finally take over…they’ll start with Gawga first.
VON
January 26th, 2012
10:53 am
This is all BS to me,So now I guess all of us that have family memebers that have kids born to a mother or father from another country but were born here in the USA will have to soon tell those family members that you aren’t AMERICAN, because your mother/father is from another country,B_ _ _S _ _ T. “LET IT GO PEOPLE”!
Really?
January 26th, 2012
10:53 am
@ghj
Can you please state specifically what President Obama has done to “push the black race further back”?
Lane Moore
January 26th, 2012
10:54 am
If you like Obama I bet you are black, right again.
Ms.
January 26th, 2012
10:54 am
These people are obviously a product of the Georgia school systems which rank 47th in the nation. A state of illiterates and fools.
trina@atl
January 26th, 2012
10:54 am
You white racist need to find something else to do. He is the president and will be re-elected again. Go spend your time helping sick kids or feed the homeless, in other words do something productive with your life. You people are pathetic.
Georgia Resident
January 26th, 2012
10:54 am
Mr. Kemp its ashame people like you are in office in Georgia.
Incredible
January 26th, 2012
10:55 am
@ Citizen Wells:
YES – this is a circus. WHY IS IT SO HARD TO UNDERSTAND THAT HAWAII IS PART OF THE U.S.? You guys know this man is a citizen but YOU GUYS INSIST on wasting his and everyone’s time to exercise racist activities (YES, I SAID RACIST). Yes, his father was born in Kenya, but PRESIDENT OBAMA WAS BORN IN THE US! Yet, you guys run this idiotic, hate-driven non-issue into the ground. Donald Trump’s mother was born in Scotland but no one questions his citizenship – why not? Is NY more American than Hawaii? GEEZ!
You guys are really annoying with this Ringling Bros & Barnum movement – you waste time and taxpayers’ money (via the court system) on issues that are so nonsensical and has been proven time and again. …hatred is truly the birther of stupidity.
Junior Samples
January 26th, 2012
10:55 am
Reynolds stock (RAI) is probably through the roof right now…
UGA 1999
January 26th, 2012
10:55 am
emack….NO it wouldn’t. You can still write him in. Educate yourself!
wellabovenormal
January 26th, 2012
10:55 am
They said that the birthers were crazy. They said that when the birthers got the long form, which they’d been clamoring for and were sure didn’t exist, they wouldn’t be satisfied. They said the real issue was that the birthers just didn’t want a black president and NOTHING would satisfy them. They were right. Racism is dead. Yeah, right.
1eyedJack
January 26th, 2012
10:55 am
Manchurian Candidate
What a joke!
January 26th, 2012
10:56 am
This is an embarrassment to this state. So let’s say they keep him off the ballot, the federal election will not be able to validate because one of its states was not allowed to vote. So, I guess that means the next election is not valid, which in turns gives Obama the next four years.
Never mind. . . .go ahead and play your games, I think I like the outcome of this.
Robert
January 26th, 2012
10:56 am
“Birther” is not listed in the dictionary (Webster, etc.) and is not recognized as a legitimate word. “Birther” is a racial slur used by extremist and other homegrown terrorist group(s) who do not believe the President of the USA is a US citizen. What if I decided to file a lawsuit against the State of Georgia, Governor, Secretary of State, AJC and any other newspaper for using a racial slur (birther) to fan the flames of racism in the State of Georgia? Is there a State Judge who has the courage to bring this matter to Court with the same passion for justice?
Butch Cassidy
January 26th, 2012
10:56 am
Hey, don’t judge the birthers too harshly. Maybe they’re just upset that Obama is living in the Whitehouse, and they never made it any further than a doublewide.
kimmer
January 26th, 2012
10:57 am
What happens when other states @ 10:08 wrote: “Hawaii and the other 48 states accept Georgia’s certifications. ”
Uh, there are 50 states so that would be the other 49. Don’t feel too bad though. You were a lot closer than the president who though we had 57.
UGA 1999
January 26th, 2012
10:57 am
Robert….what racial slur has been used with referencing the President?
Ron
January 26th, 2012
10:58 am
What an absolute embarrassment to the state. Seriously???…this is our best use of tax dollars??…btw “birthers” – Elvis is actually dead, and santa & the easter bunny don’t exist either…you kooky crackers are funny…post your address next time, there are a few of us out here who like to discuss this with “y’all” in person – wink, wink, click, click…
Dale Tims
January 26th, 2012
10:59 am
I’m glad Georgia and the southern states didn’t vote for Obama we are better than that.
saywhat?
January 26th, 2012
10:59 am
BelieveIt
January 26th, 2012
10:38 am
“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?”
_______________________________________________________________________
Nobody with half a brain voted for President Obama. They all vote Republican.
Right Wing Lunatics
January 26th, 2012
10:59 am
Now you can see how easily slavery, hatred, war, hangings, killing as an event, war is easily justified by a certain segment of a race that has done this in its entire history on this planet. It is a part of some peoples nature and they just can’t help it. It is a natural part of there makeup and unfortunately you are seeing that same type of hatred in a different form now. History always repeats itself and it tells you everything about a person. No need to look any further other than their history and it will tell you everything about them. Some people can’t stand the pure site of a black man in the white house that they will do anything, even if it make absolutely no sense to bend the rules to try and get him out. Unbelievable, but unfortunately they can’t help it….its part of their nature. Sad but true.
td
January 26th, 2012
11:00 am
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
We do not directly vote for the President so it is not against your voter rights. Plus a state is allowed to set the eligibility requirements as to appears on their ballots. Some states allow electors from such parties as the Green party and other states do not allow these parties on the ballot.
If the state if Ga. determines Obama is not a natural born citizen the he would not meet the eligibility requirements of the state and would be removed from the ballot and that would be upheld by the SCOTUS as Constitutional and you could not sue for a voting rights infraction. Someone would the ability to appeal to the SCOTUS that the findings on “Natural Born” was wrongly decided and the SC would then here the case of those merits.
UGA 1999
January 26th, 2012
11:00 am
Did anyone count the lies that Obama used the other night during the State of the Union?
I think he wants to be a “real boy” before his nose grows too long!
Hate to Say I'm From Georgia
January 26th, 2012
11:00 am
It is clear that the birthers in Georgia are racists who do not like the fact that an African American is President. The State of Hawaii has displayed President Obama’s original birth certificate which should be enough evidence to put this foolishness to rest. These people are insane.
ab
January 26th, 2012
11:01 am
Orly Taitz needs to go back to Russia and stop making money with this birther propagranda. These lawyers need to lose their licenses for deliberately wasting court time and records with known nonsense. Plus they need to reimburse the state for this.
chris
January 26th, 2012
11:02 am
Dear ignorant GA republicans: Go away. Sincerely,
The rest of the civilized world
td
January 26th, 2012
11:02 am
VON
January 26th, 2012
10:53 am
This is all BS to me,So now I guess all of us that have family memebers that have kids born to a mother or father from another country but were born here in the USA will have to soon tell those family members that you aren’t AMERICAN, because your mother/father is from another country,B_ _ _S _ _ T. “LET IT GO PEOPLE”!
That is total political spin BS and you know it. You would have to tell those children that they are not eligable to be President or VP of the US.
Ken
January 26th, 2012
11:02 am
As someone who is a lawyer (only licensed in MI), I can say that the President is doing exactly what I would advise him to do. By participating in these proceedings, the President could be seen as conceding that this administrative agency has jurisdiction to hear the case before it. The whole argument that Jablonski is making is that the agency does not have the power to hear the case and therefore any orders it has issued are without any legal force and effect because of lack of subject-matter jurisdiction. The President already filed a motion to dismiss, which was denied, and regardless of the outcome of this hearing, he has the ability and right to appeal that order at the conclusion of the proceedings.
Arod
January 26th, 2012
11:02 am
Wow, how long much we endure this “game”. It seem any person(s) that may want to help the less fortunate, whether balck or white, there are people that want to use whatever they can find to bring them down. If Barack lose the next election, please allow it to be because he wasn’t qualified for the job. Let the REP put their best man against him and BEAT HIM. All you right wingers or whatever you call yourselves these days, GET A LIFE. I am done
UGA 1999
January 26th, 2012
11:03 am
Chris….you are in Georgia…you go away…fool!
Steven Arp
January 26th, 2012
11:03 am
Put a brother in office and the country goes to crap. What fools.
Angel Macaroni
January 26th, 2012
11:03 am
Kemp, along with the judge who wouldn’t quash the subpoena, is an idiot.
kimj
January 26th, 2012
11:03 am
A warning to Republicans in other states or anyone else considering Gingrich for president…HE’S FROM GEORGIA.
another view
January 26th, 2012
11:03 am
So…Mr. Galloway,do you or anyone know how much this challenge to Obama’s candidacy in the state of Georgia actually costs the taxpayers of the state of Georgia? What is the financial cost to President Obama? What is the cost to the persons who are filing this challenge in court? Who is paying the attorneys who represent the challenge to President Obama’s candidacy in the state of Georgia and their share of court costs?
If the judge finds favorably for the challengers does that mean that Georgia will not accept the validity of other candidates like Romney, Paul, Santorum, and Gingrich the native Pennsylvanian? Does that mean that Georgia does not accept the validity of documents from lother states such as drivers’ licenses? Reciprocity would mean that Georgians would be driving at their own peril when out of state as illegal aliens. I guess these States of America are not so united after all. Might as well have each state print it’s own currency with a new slogan on the back “IN ONE ANOTHER WE DO NOT TRUST.”
Dumb Ass Repubilican
January 26th, 2012
11:04 am
Brain Kemp is a Dumb Ass!!
Impeach Kemp
January 26th, 2012
11:04 am
Can someone please start http://www.IMPEACHKEMP.org/moron ??
k, thanks!
Anson (Bob) Roberts
January 26th, 2012
11:05 am
It used to be that Jawjuh ranked 49th in statewide intelligence and the state motto was “Thank God for Mississippi!” I think this little episode proves that Mississippi has surpassed you.
The Civil War is over. You lost. Get over it.
UGA 1999
January 26th, 2012
11:05 am
kimj….You are a fool…..NEWT is not from Georgia!!! WOW!
Florida Guy
January 26th, 2012
11:05 am
While I am not necessarily an Obama fan, allowing state courts to haul the president into frivolous hearings could set a dangerous precedent. He has more important things to worry about than this nonsense. While many of you think this is great fun, next time it will happen to a president you support and then you will be calling for some heads. Again, you can’t think about the present when it comes to things like this. What you do now will affect other presidents in the future, who like Obama, need to be worrying about much more important things. Kemp, put politics aside and quit worrying about getting your name in the paper. Again, while not an Obama fan, this is stupidity and an appalling lack of foresight on our sec. of state’s part
James
January 26th, 2012
11:05 am
If you can’t find a viable Republican presidential candidate, just keep President Obama off the ballet box.
isochronous
January 26th, 2012
11:05 am
td, every single post you’ve made demonstrates a fundamental lack of understanding as to how our justice system works. There are quite a few people here (td, LD, Citizen Wells) who need to learn to Read & Comprehend before posting.
JL
January 26th, 2012
11:06 am
And, once again, Georgia is a laughingstock.
The President was born in the U.S. His birth certificate has been verified by the Governor of Hawaii, a Republican. His birth announcements were in two Honolulu newspapers on August 13, 1961. So, to understand the “birthers”, someone placed those announcements in the papers on the anticipation that, 47 years later, they would be needed to get this infant, born somewhere else, elected president. That’s the only way it makes sense, which it clearly does not.
To the birthers: take off the tin foil hats, get out of your parents’ basement and stop wasting our time. Thank you.
DwayneL
January 26th, 2012
11:06 am
We all know that birth certificate he provided isn’t real. It looks nothing like one submitted by another person born in Hawaii the day before the messiah. So what is he hiding??? Should make any reasonable person pause for concern.
Seldom Seen - Karl Rove's Neck
January 26th, 2012
11:07 am
OK, you found out our secret. President Obama is actually the stunt man for Frank Ski at V103. Not only is he not from America, he wrote Star Wars and he landed on the Moon in 1910. He gave the speech on Tuesday so he could legally kiss White Women. He use to beat up Ronald Reagan in the 3rd grade. He is so strong, he helps Newt pull his pants up, because we all know, Newt wants to keep his pants down. He just discovered WMD’s in the North Pole(Freedom isn’t Free), so we will start the invasion after 2 full moons and a glass of sweet T.
……………….Birther’s aka kkk
UGA 1999
January 26th, 2012
11:07 am
What are the Democrats so afraid of?
Dumb Ass Repubilican
January 26th, 2012
11:07 am
UGA 1999. I wouldn’t be caught bragging about your sorry ass school. Win something other than beating Miss St
Allison Wonderland
January 26th, 2012
11:07 am
I am white and I support Obama!!! Do you really think Newt or Romney will beat him? No way!!