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
Incredible
January 26th, 2012
11:40 am
@ the sharks are here:
I hear you – believe me when I same that I am not the one to call racist at the drop of a dime. I can see how these 2 situations (being born abroad but on US soil and being born in an area pre-statehood) can cause some confusion. But how confusing can it be when someone is born in an established state of the USA? And why do they keep mentioning the fact that his father is Kenyan when where one’s parents are born is not an issue if the person is actually born in the US? But I do appreciate your effort to give them the benefit of the doubt.
Tammy
January 26th, 2012
11:41 am
This is about law….and not even the President is above the law. If there are people who question his eligibility and can prove there is cause to look deeper into it…then it must be done. Our Constitution must be protected at all cost….now more than ever.
UGA 1999
January 26th, 2012
11:41 am
Jai…..hahaha I wonder how many times the word “racist” has been used on this blog. Such a tired worn out word with no meaning anymore.
I would be willing to bet that those who are using the “racist” word are the most racist themselves!!!
GOOD WORK!
too big to fail ... @ 99%
January 26th, 2012
11:41 am
Enter your comments here
Atlantan
January 26th, 2012
11:41 am
So it is racist to expect a black president to follow the rule of law? Al Sharpton appeared on the ballot in GA and I didn’t hear a peep out of one GA citizen. In fact, I voted for him.
People demonstrate their ignorance and intellectually deficiency when they go to the racist or bigot defense skipping over the actual charge. It has nothing to do with racist or bigot and everything to do with the rule of law. In fact, the guy who brought up the case stated he’ll do the same thing to Mitt Romney if he is the nominee (he must hate white rich mormons too….)
Norman Thomson
January 26th, 2012
11:41 am
Not only should Kemp be removed from office, but the Judge should also be removed for incompetence and misinterpretation of the law.
UGA 1999
January 26th, 2012
11:42 am
Tammy…. nice post….amen!
Disgusted
January 26th, 2012
11:42 am
The Georgia Republican party is humiliating itself on a National stage. Complete idiots. The best thing that could come out of this is that it will eventually drag Gingrich into the fray and he will face national consequences if he goes along with this disgusting charade. The South is stuck in the 1960’s. This entire thing is lunacy.
UGA 1999
January 26th, 2012
11:42 am
Atlantan….THANK YOU!
td
January 26th, 2012
11:42 am
GaBlue EFFING DARES YA
January 26th, 2012
11:35 am
BRING IT, Bir’fers!
Apparently you ‘tards don’t remember the Civil Rights movement. Lots of marching in the streets. Lots of media attention. Lots of outrage from around the world on behalf of the oppressed people of the South. Do these jag-off Georgia Repuglies really think they can do something like this to a nice round of civil applause and a pat on the back? HAHAHA! Now we have phone cams and tweets…. the people of Iran will be watching OUR election day revolution! GOOD TIMES AHEAD, Y’ALL!
So what you are trying to say is it does not matter what the law says or what the SCOTUS might say on the matter, if you do not get your way then to h3ll with the whole country and “we” will burn it down? Very nice there. I would say that this is a threat and you and all the others would then be considered a domestic terrorist.
lh
January 26th, 2012
11:43 am
What do y’all not understand about this lawsuit being filed by a private party and not by Georgia? I’m on neither side here, but it would be a good idea to understand what’s going before you start calling everyone racist. Just a thought.
UGA 1999
January 26th, 2012
11:43 am
td…..AMEN!
Pete
January 26th, 2012
11:43 am
Why do conservatives watch so much Fox News and listen to so much talk radio? So many have become brainwashed robots spouting the same talking points… OBAMA SOCIALIST… NOT A CITIZEN… DICTATOR… WANTS TO DESTROY OUR WAY OF LIFE… HATES AMERICA.. HATES WHITE PEOPLE..
Ashamed Georgian
January 26th, 2012
11:43 am
This is appalling. And anyone condoning this ignorance should be ashamed of themselves. Its unpatriotic and a mockery of the system to think GA is above the Supreme Court of the USA who ruled that this President deserves his place. If I could move out of this joke of a state I would be on the first thing smoking.
GA will be red no matter what. So get over it and let us who aren’t red say so by voting for the incumbent.
No wonder the rest of the country thinks southerners are backwoods inbred fools. Your all a joke if you think this is valid.
UGA 1999
January 26th, 2012
11:44 am
lh…..they do not get it. It is easier for them to just call everyone “racist”!
Farmer Kemp
January 26th, 2012
11:44 am
I looked up Sec. Kemp’s background to see where he went to law school and learned that he is only an agriculture major…….so he is used to wallowing in manure.
UGA 1999
January 26th, 2012
11:44 am
Pete…..that didnt come from FoxNews. It came from Obama’s book…..have you read it?
Politics and Disrespect « Change Comes Slow
January 26th, 2012
11:44 am
[...] Right now the State of Georgia is using its legal system to challenge placing President Obama’s name on …. [...]
jd
January 26th, 2012
11:45 am
Any CEO looking at Georgia has just thrown the econ dev proposal in the trash!
Independent voter
January 26th, 2012
11:45 am
Why no other president show there birth certificate and Romney and Newt have not show it documents. td you the biggest racist person on this blog.
liberalefty
January 26th, 2012
11:45 am
the supreme court has already settled this issue but i guess redneck racists have to have their daty to show the world how stupid they are
honested
January 26th, 2012
11:46 am
So for those whining about ‘the law’ and ‘nobody is above the law’.
What LAW is in question of violation?
Every question has been answered, except the kooks don’t seem to comprehend the truth.
Road Scholar
January 26th, 2012
11:46 am
Why doesn’t President Obama request ALL elected officials in Georgis supply thir birth certificates to the court? Ya know, we don’t want any illegals getting federal or state money do we? They may have shown them before but why do we now have to accept their allegded citizenship? And how about all people that get any state money? Let’s see their “papers”? We can snow under the court with mounds of the same BS these birthers are full of!
Aj
January 26th, 2012
11:46 am
It’s times like this when I’m ashamed to be from Georgia. The idiot “judge” who is presiding over this case should of dismissed it as soon as it came to his attention. These Birther nuts are are disgrace to this country.
td
January 26th, 2012
11:46 am
Fed up with Idiots
January 26th, 2012
11:39 am
This lawsuit has absolutely nothing to do with him being a citizen. OBAMA IS A US CITIZEN. The law suit is about if Obama has met the unique eligibility requirements “natural born citizen” to be on the ballot as a Presidential or VP candidate. This is unclear law and has not been decided by the SCOTUS.
liberalefty
January 26th, 2012
11:46 am
why do racists hate being called racist?
Darrell W
January 26th, 2012
11:46 am
Obama’s color has nothing to do with it. But his being a anti-capitalist Marxist sure does. We will do anything in our power legally to get him removed from the Oval Office.
UGA 1999
January 26th, 2012
11:46 am
Independent…Why no other president (presidentsw) show there (their) birth certificate (certificates) and Romney and Newt have not show it documents. td you the biggest racist person on this blog.
DUDE PLEASE LEARN THE ENGLISH LANGUAGE!
Pete
January 26th, 2012
11:47 am
Come to think of it… I’ve never seen Nathan Deal’s birth certificate. We may have to remove him from office.
Independent voter
January 26th, 2012
11:47 am
We should over come 1 day and president Obama will be elected 4 more years.
All you racist people leave our country we dont want you here in america.
UGA 1999
January 26th, 2012
11:47 am
Liberalefty….Call me racist all day for all I care. The word means nothing!
WINNING!
Eve
January 26th, 2012
11:47 am
Can you people PLEASE drop the race card already????? Nixon was WHITE! Clinton was WHITE! They both had charges brought against them and They both had to testify on these charges!!!!! Difference is….they both actually respected the court ordered orders that they be there. This one???? he thinks he is above the law I guess.
honested
January 26th, 2012
11:48 am
If the question is about ‘unique eligibility requirements’ then there is no issue.
It was settled in the adult states.
liberalefty
January 26th, 2012
11:48 am
@TD
MORE BS from a white guy who admitted looking at gay black porn and said he knows guys who slept with OBAMA…sad indeed
UGA 1999
January 26th, 2012
11:48 am
Pete….YEP Nathan Deal sure is a foreign name. Meanwhile I have seen the name “Barack Obama” everywhere prior to the election! HAHAHA FOOL!
Frontman
January 26th, 2012
11:48 am
A much more interesting legal question related to this is: what rights do the states have in verifying the qualifications of candidates for the presidency? The request for mandamus against GA SOS Handel in 2008 was dismissed because we don’t really vote for the President; we vote for the electors only. The AG’s office argued that because of this, Georgia has no role in determining whether or not presidential candidates are qualified to hold the office. The electors have simply become proxies for the candidates in modern times. Now, if the states can’t verify the authenticity of presidential candidates, who does? The media? No thanks. The political parties? Riigghhhht.. If there is no process to qualify, then they sure as heck need one. Maybe the FEC woiuld be charged with it.
JayMoney
January 26th, 2012
11:48 am
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.
Some people really need to read the above a few times to understand what’s about to happen
Independent voter
January 26th, 2012
11:48 am
UGA 1999 you the uglest fat racist country bunker on this blog and UGA 1999=td
dtrump
January 26th, 2012
11:48 am
Just one more indication that this state does not matter one iota on the national scene. It’s still a provincial backwater with low education standards and racist tendencies. A shame but that’s the truth.
GaBlue EFFING DARES YA
January 26th, 2012
11:49 am
td: “So what you are trying to say is it does not matter what the law says or what the SCOTUS might say on the matter, if you do not get your way then to h3ll with the whole country and “we” will burn it down?”
Nope, what I’m saying is: TRY IT, BIRF’TARDS! In the “be careful what you ask for” department, I HOPE YOU SUCCEED! (Wasn’t it you who proclaimed about 80,000 times that our votes for Obama won’t count in Georgia anyway?) Since you don’t care what Georgia Democrats think, then why don’t you run along now and hope for the best? HAHAHA!
UGA 1999
January 26th, 2012
11:49 am
independent…..UGA 1999 you (ARE) the uglest (UGLIEST) fat racist country bunker on this blog and UGA 1999=td
THANK YOU FOR PROVING MY POINT! HAHAHAHA
liberalefty
January 26th, 2012
11:49 am
@uga1999
truth hurts dont it…now go fantasize about your non existent playing career at UGA…LOL…being a cheerleader dont make u a player..
honested
January 26th, 2012
11:49 am
Road Scholar,
The President should ask for the birth certificates of a least our Congressional delegation.
I have some serious questions as to whether a couple of them were even born on this planet.
td
January 26th, 2012
11:50 am
Ashamed Georgian
January 26th, 2012
11:43 am
This is appalling. And anyone condoning this ignorance should be ashamed of themselves. Its unpatriotic and a mockery of the system to think GA is above the Supreme Court of the USA who ruled that this President deserves his place.
Please show the court case that has proven this issue?
dtrump
January 26th, 2012
11:50 am
Deal is a bankrupt moron. I wouldn’t put him forward as a standard bearer for anything positive.
UGA 1999
January 26th, 2012
11:50 am
Lefty….Did you graduate high school? Honest question.
Honky Talkin
January 26th, 2012
11:50 am
How embarassing for the state of Georgia. The rest of the country thinks we’re all a bunch of webfooted-inbred redneck conservatives. I live in the “New South”.
Blue Lady
January 26th, 2012
11:51 am
This is absolute foolery!!! Spending money on this when the schools are being chopped to pieces. Cutting education funds to do what??? This mess?? Who gives a rat’s @*#(?? Where is the waste and abuse committee?? Wasting taxpayer’s money of which I am one…did they ask all the taxpayers if it was okay to use the money and what nut job said, “Yea this is a good use of resources”!! Probably the same nut job that said take the money out education. What happened to the priorities of those we have placed in authority. I would just as soon turn their jobs over the children that they are robbing of an education. Surely they would do better. And what happened to respecting authority. You want young people to respect teachers and police but the adults are refusing to respect the authority of the highest office in the land. While I’m on this…the GOP has given us NOTHING to work with in candidates for November. WTF??? A multimillionaire that “says” he understands getting a pink slip…from what perspective is that understanding coming from? And NEWT…omg!!! I wouldn’t turn my trash over to him. There’s nothing in his words that says this would be a good idea. This process is becoming a Circus!!
liberalefty
January 26th, 2012
11:51 am
@td
how many hours of gay black porn do u watch in your quest to prove that OBAMA is gay?..lol
lh
January 26th, 2012
11:52 am
@liberalefty – We didn’t file the lawsuit…nor did Georgia…it was a private party. Maybe he is racist? But stop saying everyone is. That’s ignorant.