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
GaVoter
January 26th, 2012
11:18 am
I had to stop following the thread, because it got too long, but has anyone said who is going to foot the bill for this bs?? Who will cover the cost of getting the President of the United States of America and his entire security detail to the State of Georgia? I’m sure his seat won’t be a $99 Delta Airlines round trip special. We have REAL white collar criminals getting away with all kinds of illegal activities, yet we have to put up w/this. How about Kemp take the money he is wasting and settle that water bill for all of the HOMEOWNERS that lost their homes in College Park!
Fraud exists
January 26th, 2012
11:19 am
No one questioned Herman Cain’s legal candicacy. This is because he was born here and has a proven history, such as appearing in his college year book(s) and a Georgia birth certificate. Obama DOES NOT appear in ANY of the year books of the schools he attened. There are zero pictures of him with his graduating class. No mention of him anywhere. Research it and prove it tou yourself. It has nothing to do with being black. No one questioned Cain or even Jessie Jackson. An Adobe created document is not a valid birth certificate. It means he is guilty of fraud.
Matt's Mom
January 26th, 2012
11:19 am
This is a waste of tax payer’s dollars. It has been proven beyond the shadow of a doubt that the President is a citizen born in the U.S. Stop all this nonsense.
lh
January 26th, 2012
11:19 am
Guys, Georgia isn’t filing the lawsuit. It’s a private party. And all Kemp is saying is that the SOS isn’t a party in the hearing and that since the court date was scheduled for the day after Jablonski sent the letter, Kemp doesn’t believe it is “judicious” to withdraw the case. It’s just a lawsuit. Calm down.
dtrump
January 26th, 2012
11:19 am
Even if they excluded Obama from the ballot in this state it would make no difference. The retards in the majority are voting Rethug come hell or high water. It really makes me sad to have to admit to people I was born in this so called state. You morons are just revealing your stripes for all to see, same old racists and bigots that you’ve always been.
UGA 1999
January 26th, 2012
11:19 am
Keisha….Here is a clue for you. Obama is NOT black!
liberalefty
January 26th, 2012
11:20 am
UGA99
gets his manhood from THE BLACK PLAYERS FROM UGA…LOL
Dana in Atlanta
January 26th, 2012
11:20 am
Shame on you Georgia Judicial System, etal. I am a long term resident of Georgia and am appalled by such behavior against our President. This is nothing but blantant old fashion racism perpetrated by a legal “lynch” mob. All of you need to get a life and stay out of the President’s life. God does NOT like ugly and our President will be protected at all costs. I love President Obama and so millions of other proud American’s. Vote for Barack Obama and Let’s Stay Together in 2012!!!!!
Just One Man's Opinion
January 26th, 2012
11:20 am
I love Georgia but lawd have mercy. What are or politicians doing. President Obama was born in Hawaii. For those redneck who don’t understand, Hawaii is the 50th state. He is an American citizen, end of story. I think Kemp is ignorant but not stupid. If President Obama is not on the ballot, all hell will break loose in Georgia.
@UrethraFranklyn
January 26th, 2012
11:20 am
What a load of absolute horse sh-t. This “birther” bullsh-t is out of control. Do the bafoons in the SOS office really have nothing better to do? Given the current sorry state of affairs in GA, I’d say they have quite a bit of higher priority projects in the queue than to p-ss away my tax dollars on this goose chase, which anyone with half a brain has long since acknowledged is a bunch of crap.
It is INFURIATING that they would burn time and tax dollars on this charade. Perhaps Georgians will think about this when it comes time to elect the next SOS.
I’m not a republican or a democrat, and I never thought I’d have to say this–but today I am truly ashamed to be a native Georgian.
lisa
January 26th, 2012
11:20 am
Get a life!!!!!!!!!!!!!!!!!!!!!! Quit wasting TAXPAPER MONEY ON THIS ISSUE!!!!!!!!!!!!!!!!!!!!!!
Em
January 26th, 2012
11:20 am
Way to keep us looking like ignorant, barefooted idiots! This is a joke and a complete waste of the court’s time. Move on!!!!
dtrump
January 26th, 2012
11:21 am
Well most other judicial venues have had the sense to dump Orly and her dipsh*t lawsuits out of the court. She just found some agreeable retards here to let it continue.
Embarrassed By Georgia Again
January 26th, 2012
11:21 am
So what if Obama is not on the ballot in Georgia? He’s not going to carry the electoral votes in this state so this is clearly a pointless exercise that’s going to be funded by you and me, the taxpayers. This is frivolous and embarrassing and reinforces what other folks think about the state of Georgia.
liberalefty
January 26th, 2012
11:21 am
@FRAUD
HERMAN is a good boy who the racists rethugs can controll…he loves his repub plantation
Quint in Atl
January 26th, 2012
11:21 am
So, you say that is an altered document, not a valid birth certificate…prove it. Just prove it. Don’t tell me what others have done, you show me. Any of you who believe that it has been altered by a computer program, just prove it. No links to other sites, no “expert” testimony from another birther, no hearsay. You do it. Thank you.
UGA 1999
January 26th, 2012
11:21 am
Liberalefty….hahaha I was a player at UGA…..get a clue!
John
January 26th, 2012
11:22 am
You birthers are fools. Obama is the president. Get over your prejudice and grow up.
UGA 1999
January 26th, 2012
11:22 am
ANOTHER CLUE…..Obama never had a shot of winning Georgia anyways. So it really does not matter regarding this election.
kgray
January 26th, 2012
11:22 am
I find this to be the most dishonorable thing this As@BACKWARD STATE can do is request the President to attend a NO BASIS hearing for a bunch of RACIST REDNECKS. These uneducated HILLBILLIES should go back to their TRAILER PARKS and continue with their COUSIN SISTER WIVES. How ignorant can the SECRETARY OF STATE be as well to even entertain this foolishness, Kemp is only feeding to to these ingnorant people. He has shown his birth certificate on numerous occassions; however, that still isn’t good enough for these REDNECKS. Secondly, because, they are trying so desparately for the President to be re-elected that GOD will intervene. Remember these scriptures- NO WEAPON FORMED AGAINST HIM SHALL PROSPER AND GOD WILL PLACE A STANDARD AGAINST HIS ENEMIES. OBAMA 2012!
Swede Atlanta
January 26th, 2012
11:23 am
I don’t understand why the amicus brief is classifying him as a “naturalized” citizen when he was not only born on American soil (Hawaii was a state at the time of his birth) but he was also born to a mother that was an American citizen at the time. You become naturalized when you become a citizen through the immigration process.
Political Mongrel
January 26th, 2012
11:23 am
I have never read so much utter garbage pronounced by such a pack of utter fools in my life as the idiocies I’ve read here today.
UGA 1999
January 26th, 2012
11:23 am
kgray…..Racist Rednecks hahahahahahahaah
UGA 1999
January 26th, 2012
11:23 am
Obama = EXPERIMENT FAILED!
Rick
January 26th, 2012
11:23 am
“No one questioned Herman Cain’s legal candicacy. This is because he was born here and has a proven history, such as appearing in his college year book(s) and a Georgia birth certificate. Obama DOES NOT appear in ANY of the year books of the schools he attened. There are zero pictures of him with his graduating class. No mention of him anywhere. Research it and prove it tou yourself. It has nothing to do with being black. No one questioned Cain or even Jessie Jackson. An Adobe created document is not a valid birth certificate. It means he is guilty of fraud.”
Hawaii state gov’t has confirmed he was born there as well. You’re just proposing a conspiracy theory with no factual basis. This birther issue is a distraction.
GaBlue EFFING DARES YA
January 26th, 2012
11:24 am
OH please OH please OH please!!! Let the GOP tyrants who run this state just TRY to deny millions of citizens the opportunity to vote for the candidate of our choice. Let them expose their arrogant racists behinds in the national — no WORLD-wide spotlight — for the good ol’ boy cretins that they ARE.
Imagine today is Monday, Nov. 5, 2012, and President Obama is NOT on our ballots for tomorrow. HAHAHAHAHAHA! Does Sec. Kemp think we’re all just going to go about our business as usual? Go to work, school, pick up some groceries, and return peacefully to our homes, saying “AWW SHUCKS! Sure wish we could vote for the Democratic nominee tomorrow, but I guess the Massah’s of this state know what’s best for us.”
HAHAHAHAHA! Yeah…. dream on.
Mia
January 26th, 2012
11:24 am
Kudos to the good people of Georgia and the judge who have chosen to decide this issue on its merits — not on the subjective opinions of bloggers and partisans. And shame on Obama for refusing to respect the subpoenas and the judicial process in direct conflict with his oath to protect and defend our Constitution and laws. Especially after his big talk about everyone playing by the same rules. Let the chips fall where they may.
td
January 26th, 2012
11:24 am
Why are so many of you libs so misinformed about the issues in this case? Are you really this unintelligent or are you just putting on a big act?
This case is not about Obama being a citizen. OBAMA IS A CITIZEN and that is not even being challenged. What is being disputed is if Obama meets the eligibility requirements of being President. Is Obama a “Natural born” citizen? This is a specific requirement in the US constitution for only two jobs in the government (President and VP).
Pete
January 26th, 2012
11:24 am
We should be more compassionare to these so-called “birthers”. They are angry, bitter, confused people who can’t understand why their lives have gone nowhere. Shouting at them accomplished nothing.
UGA 1999
January 26th, 2012
11:24 am
Where is Obama’s family…..Have we ever seen his parents, brothers, sisters, aunts and uncles….
amazing
January 26th, 2012
11:24 am
This lawsuit and some of the comments from the birthers demostrates the ignorance rampamant in the state of Georgia. What is even worse is the ignorance of the elected officials. The man was born in the United States and one of his parents is a U.S. citizen which is all that is required. Why do people continue to ignore the facts to fit thier twisted mindset?
Incredible
January 26th, 2012
11:25 am
UGA1999 – I know you are just too smart to keep up with current events in the world of reality, but PRESIDENT HUSSEIN OBAMA has signed a law to provide tax credits to employers hiring unemployed veterans. So go ahead, thank Mr. President again…
Man – for the love of UGA, change your screen name…you just may succeed at making their number of admissions applications plummet.
the sharks are here
January 26th, 2012
11:25 am
For those that believe that it no one else has ever had their eligibility called into question by birth I point to two that come to my mind. Mccain’s citizenship was questioned because he was born on a base in Panama and Goldwater in ‘64 because he was born in Arizona before it was a state. Not saying these idiots are right, but to pull the race card may not be the only reason. Because Obama is a democrat, the tea partiers are trying anything to keep him out of office for a second term. These guys won’t prevail so everybody needs to get their panties out of a wad and focus on the real issues facing us, Also maybe we should all sue to make these crack pots pay back the tax payers.
coach
January 26th, 2012
11:25 am
This is BS and they know a Rep cant beat him. They would only do this to a black man. he is the prez and newt or no one is smart enough to beat him. I mean come on people is this all you got. if he lose the 2012 election then our next prez is white, then everyone can be haappy. O i know you people will say the race card. but it is what it is. Ga is one of the most racist state ever.
liberalefty
January 26th, 2012
11:26 am
@uga
u were a player? i guess even 3rd string waterboys are needed too
UGA 1999
January 26th, 2012
11:26 am
Incredible….SO then why is the unemployment rates at 25% for veterans. Lets take a look at Obama’s record. Let’s debate what his poor soul has done over the past 3 years.
UGA 1999
January 26th, 2012
11:26 am
liberalefty…..paid for my education…..thank you!
wake up uncle toms in rep party
January 26th, 2012
11:26 am
Thank you Georgia now maybe this will wake up all those uncle toms in the rep party that thinks racist judges and bigotery is no longer in our society.
UGA 1999
January 26th, 2012
11:28 am
wake up…..THANK YOU THANK YOU THANK YOU…..YOU JUST PROVED MY POINT!!!!
Blacks are pushed to the democratic party in fear because they do not want to be labeled at “uncle Toms” or worse……GOOD JOB in being a free thinking person in charge of your own decisions!
SO WEAK!
Fred
January 26th, 2012
11:28 am
From the number of comments here by complet6e and utter morons, I see how the Republican party is able to run such lunatic candidates as they have.
You people are scary crazy. Jack Nicholson in the Shining crazy.
liberalefty
January 26th, 2012
11:28 am
@uga
why do u need to see his family..u still wont accept that hes a citizen because hes black and intrimidates weak insecure white guys like yourself…
GaBlue EFFING DARES YA
January 26th, 2012
11:28 am
Yes, the Democrats of this state are not oppressed, marginalized, and shut out of the process NEARLY enough! HAHAHAHAHA!
Seldom Seen - Karl Rove's Neck
January 26th, 2012
11:29 am
@uga 1999 EmbarrASSed…….You do not have to live here. By the way, a large portion of the population in Georgia are immigrants from other states
You are proving that large portion of the people born in the state of Georgia are inbreds.
dick in dixie
January 26th, 2012
11:29 am
i’m ashamed to consider myself a conservative right now. to my fellow conservatives: please stop pushing this issue. this birther thing makes us look unbelievably stupid. beat him on the issues, not technicalities.
Incredible
January 26th, 2012
11:29 am
@ td:
“Is Obama a “Natural born” citizen? This is a specific requirement in the US constitution for only two jobs in the government (President and VP).”
Did you really type this? Really? No – really?
OK – riddle me this – what is the definition of a “natural born citizen?”
liberalefty
January 26th, 2012
11:29 am
@uga
i bet u hate it that UGA football is mostly black players except for a gferw whites..lol
Taylor Wooten
January 26th, 2012
11:30 am
So if there is no issue, just attend, like any other US citizen would be required to do.
Do we all have the same “option” not to attend???
UGA 1999
January 26th, 2012
11:30 am
Liberalefty….Why is he hiding his family and his history? ALL other presidents have a history and you can track their family. Why not Obama?
What is “intrimidates”?? Is that a word in ebonics?
WOW
January 26th, 2012
11:30 am
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?
I think it’s interesting that you would scold me for not knowing the “facts before you spout” and your first point is “There are 5-7 more states with open cases..” I wouldn’t say your statements are factual either, since you can’t give exactly how many cases are open on this. My point though, is not how many cases are actually open..It’s that a GEORGIA judge would actually require the President to come here to prove his “natural born citizenship”. I think those are the words I used earlier, not US citizen…I do know the difference. Which brings me to my next point…the definition of “natural-born citizen”. Supreme court rulings have interpreted this in several different ways…not all rulings agree that both parents have to be born in or be citizens of the United States…some have said “a parent” has to be a citizen and others have defined it as “father has to be a citizen”. That’s the reason for this arguement because as TD has said (and the one thing we agree on) the CONSTITUTION does not define “natural born” citizenship. So the court rulings are merely used as interpretations, not factual; thus, the reason why our President is still, OUR PRESIDENT. By the way, Mr. Obama is not above the law, just as Mr. Clinton or Mr. Nixon were not.
Real American
January 26th, 2012
11:30 am
Thank you UGA 1999…you’re the best endorsement for Obama-Biden 2012 there ever could be.