Obama Ballot Access Challenge Hearing – Gavel to Gavel Live Video Stream Coverage from Atlanta GA
My comment and reaction to today’s legal proceedings in GA:
Today I give thanks to God and the great state of Georgia which demonstrated that we are in some parts of our nation still a nation of laws and not men. Obama and his attorney thumbed their noses at the Georgia court and the entire judicial system and decided not to even show up at the court hearing in Atlanta GA today to present evidence and the real 3-dimensional identity documents requested and subpoenaed, not merely digital images on the internet. Obama thinks he is a King and thus not subject to the election laws of Georgia and the United States Constitution. He will soon learn otherwise. As the Georgia Secretary of State said in warning Obama and his attorney if they did not show up for the court hearing today … if they do that, they will do so at their own peril. See results below. CDR Charles Kerchner (Ret), cdrkerchner.wordpress.com
http://youtu.be/erjrGU1wovE
Prior link to the live coverage, now over, was at 9 a.m. EST 26 Jan 2012 at this link: http://www.art2superpac.com/
Update 12:45 pm : Based on watching the live feed. Obama’s attorney was a no show. Hearing was conducted without him. At least one of the attorney’s pointed out to the judge that Obama’s attorney not showing up was showing contempt to the court and to the entire judicial system. There was a short private meeting in the Judge’s chambers prior to the start of the hearing. The hearing ended after about two hours of presentation by the various lawyers for the plaintiff’s side including getting testimony from witnesses and presenting the court exhibits and Supreme Court case law covering the issue of natural born Citizenship and that Obama is not “natural born Citizen of the United States” and thus is not eligible to be on the GA ballot. Atty Taitz also introduced evidence and witness testimony regarding Obama’s identity fraud activities regarding the Connecticut SSN and the forged online birth certificate. The judge is allowing some additional time for the both sides to submit written briefs to him before he makes his decision. As I understand it, he will release the final outcome and his decision sometime in early February. But he was obviously not happy that Obama and his attorneys stiffed the court. More details will be posted as additional information is provided by those who physically attended the hearing.
Update 1:05 pm: Per telecon between G Wilmott and Dean Haskins which was relayed to me. Dean Haskins who was in the courtroom this morning assisting with the Art 2Pac live stream. Judge Malihi talked to the attorneys in chambers before the hearing this morning and told them that he was going to enter a DEFAULT JUDGMENT against Obama and recommend that Obama’s name not be on the Georgia ballot! All the attorneys expressed a desire to put an abbreviated streamlined case on the record and the judge agreed. How does the mainstream media spin this? The Georgia SOS has already indicated that he will follow the judge’s recommendation. Obama will not get any popular vote or electors from the great state of Georgia! Congratulations to all freedom-loving Americans!
More coverage and news about the hearing here: http://obamareleaseyourrecords.blogspot.com/2012/01/georgia-ballot-hearing-judge-wanted-to.html
Brief report by the Atlanta Journal Constitution newspaper site trying to put the best spin they could on Obama defaulting the case by him or his legal team not showing up today: http://www.ajc.com/news/georgia-politics-elections/no-ruling-in-birther-1318374.html
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Barack Obama is NOT a “natural born Citizen of the United States” and is thus constitutionally ineligible to be the President and Commander in Chief of our military. Obama was born to a FOREIGN NATIONAL FATHER who was NEVER a U.S. Citizen nor was Obama’s father even an immigrant to the USA or even a permanent resident in the USA. For no other U.S. President in the history of the nation since the founding generation (who were exempt from the natural born Citizen clause in the U.S. Constitution via a grandfather clause in Article II Section 1) was that the case, i.e., having a foreign national father who was never a U.S. Citizen or even an immigrant to this country. Obama being seated as the putative president is an outrageous violation of Article II Section 1 of the U.S. Constitution, the presidential eligibility clause. Obama was not born with sole allegiance to the USA. Sole allegiance and unity of Citizenship at birth was the goal and purpose for putting the natural born Citizen clause into Article II Section 1 of the Constitution as to who could serve as president once the founding generation has passed away. Obama (II) was born a British Subject via his foreign national father Obama (Sr.) who was a British Subject. Obama is not a “natural born Citizen of the United States” to constitutional standards since he was born with dual allegiance and citizenship. The founders and framers did not want anyone with foreign allegiance to ever get command of our military, i.e., be the president. Obama is constitutionally not eligible to be president and commander in chief of our military.
Adjectives mean something. A “Citizen at Birth” is not logically identically equal to a “natural born Citizen at Birth”. Barack Obama may be a ‘Citizen of the United States’ but he is not a ‘natural born Citizen of the United States’ and does not meet the constitutional standards as to who can be the President and Commander in Chief of our military: http://puzo1.blogspot.com/2010/03/obama-maybe-citizen-of-united-states.html
The natural born Citizen clause in our Constitution is a national security clause inserted into our Constitution by John Jay and George Washington. Read why the natural born Citizen clause is still important and worth protecting.
Five Citizenship Terms Mentioned in the U.S. Constitution: http://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-US-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same
Of Trees and Plants and Basic Logic and Citizenship Types: http://www.scribd.com/doc/44814496/Of-Trees-and-Plants-and-Basic-Logic-Citizen-at-Birth-NOT-Identical-to-Natural-Born-Citizen
See evidence Obama forged the birth certificate posted on White House servers 27 Apr 2011: http://www.scribd.com/collections/3166684
See evidence Obama is using a SSN 042-68-4425 not legally issued to him: http://www.scribd.com/collections/3260742
See evidence of Obama’s forged and back dated draft registration here: http://www.debbieschlussel.com/4428/exclusive-did-next-commander-in-chief-falsify-selective-service-registration-never-actually-register-obamas-draft-registration-raises-serious-questions/
The Obama constitutional eligibility issue is not a fringe issue! South Carolina Poll Results – A poll done by Public Policy Polling (PPP) shows that almost 2/3 of GOP voters want Obama’s constitutional eligibility and true legal identity investigated. This is not a fringe issue: http://www.wnd.com/index.php?fa=PAGE.printable&pageId=340805
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Obama boycotting Georgia eligibility hearing
Lawyer urges secretary of state to cancel inquiry
Published: 21 hours ago
by 
Barack Obama has announced through his attorney that he will boycott the administrative hearings scheduled tomorrow in Georgia to review evidence of whether he legitimately is a candidate for the presidency, prompting an attorney for one set of the plaintiffs to describe the nation’s commander-in-chief as acting like a “5-year-old brat.”
A letter apparently from his lawyer, Michael Jablonski, was posted today on the website for California attorney Orly Taitz, whose determined pursuit of Obama’s eligibility documentation has taken her to courts across the nation, including the U.S. Supreme Court.
Jablonski told Georgia Secretary of State Brian Kemp in the letter that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.”
He said, “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.”
Jablonski said the judge – who previously rejected Obama’s demand to quash a subpoena for him to appear and bring with him his birth records documenting his status as a “natural-born citizen” – has “exercised no control” over the proceeding.
“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,” Jablonski wrote.
In a response that was posted online after hours, Kemp said the case referral was “in keeping with Georgia law.”
“As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As the referring agency, the Secretary of State’s Office is not a party to the candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, I do not believe such a request would be judicious given the hearing is set for tomorrow morning.”
He continued, “I expect the administrative law judge to report his findings to me after his full consideration of the evidence and law. Upon receipt of the report, I will fully and fairly review the entire record and initial decision of the administrative law judge.”
He also had a warning about the costs of simply not showing up for a court hearing.
“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”
“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,” Jablonski wrote in the letter on the Taitz site, which indicated it had been sent to the participants in the case.
A blast of sarcasm aimed at Obama also was posted on the Taitz site.
“What Obama is asking now is totally insane,” it said. “He is asking the secretary of state of GA to take the trial away from the judge on the eve of the trial. He is mostly crying on the shoulder of the secretary of state of GA and saying that Orly is bad, because she issued all of those subpoenas. So after the judge told Obama that the subpoena that I issued was perfectly valid and he had to appear in court tomorrow and bring with him all of the documents that I demanded, Obama decided to go behind the back of the judge and send the same complaint about me to the secretary of state and he is asking the secretary of state to take the trial away from the judge.
“Does this look like a behavior of an innocent person? An innocent person would have come to court and showed all the valid documents with the embossed seals, which are verifiable,” the statement said. “Instead he is acting like a 5-year-old brat, saying, ‘I am afraid of Orly, I want the secretary of state of GA to act like my mommy and protect me from Orly.’ Some leader of the free world.”
The hearings are being brought by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in America, and national elections are just a compilation of the results of the 50 state elections.
The schedule for the hearings was set by Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
Jablonski told Kemp he should simply “withdraw” 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,” he wrote.
Jablonski accused Malihi of allowing the attorneys to “run amok.”
“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.”
Obama, meanwhile, has a campaign trip to several Midwest and Western states lined up over the next few days.
WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”
The judge thought otherwise.
“Defendant argues that ‘if enforced, [the subpoena] requires him to interrupt duties as president of the United States’ to attend a hearing in Atlanta, Georgia. However, defendant fails to provide any legal authority to support his motion to quash the subpoena to attend,” he wrote in his order.
“Defendant’s motion suggests that no president should be compelled to attend a court hearing. This may be correct. But defendant has failed to enlighten the court with any legal authority,” the judge continued.
“Specifically, defendant has failed to cite to any legal authority evidencing why his attendance is ‘unreasonable or oppressive, or that the testimony … [is] irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforced,’” the judge said.
Separately, Maricopa County Sheriff Joe Arpaio in Arizona told WND he also had received a subpoena to be at the hearings in Georgia. He said the purpose apparently is to ask him about his Cold Case Posse investigation of Obama’s eligibility, but he said since the investigation remains open, he wouldn’t be able to say much about it.
Hatfield also had filed with the court a “Notice to Produce” asking for Obama’s documents and records.
He wants one of the two original certified copies of Obama’s long-form birth certificate.
Obama’s attorney, Jablonski, also had argued that the state should mind its own business.
“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argued.
Taitz’s supporters joined a discussion on her website, where she also solicits support for the expenses of her court cases, judging that Obama is on the defensive.
“What a joke. He claims to be too busy performing the duties of the president of the United States. How many days of vacation has he taken? How many rounds of golf? If he is too busy to provide the documents that provide the basis for meeting the requirements of the office, then perhaps he better sit out the next four years,” said one.
Wrote another, “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant. … This is complete utter nonsense!”
In fact, a presidential elector in California brought a lawsuit challenging Obama’s eligibility at the time of the 2008 election and was told the dispute was not yet ripe because the inauguration hadn’t taken place. The courts later ruled that the elector lost his “standing” to bring the lawsuit after the inauguration.
 Barack Obama |
Irion said his argument is that the Founders clearly considered a “natural-born citizen,” as the Constitution requires of a president and no one else, to be the offspring of two citizen parents. Since Obama himself has written in his books that his father, Barack Obama Sr. was a Kenyan, and thus subject to the jurisdiction of the United Kingdom, Irion argues that Obama is disqualified under any circumstances based on his own testimony.
Those who argue against his birth in the United States note that numerous experts have given testimony and sworn statements that they believe Obama’s Hawaiian birth documentation to be fraudulent.
It is that concern that also has prompted Arpaio to turn over an investigation of that issue to his Cold Case Posse. Its investigative report is expected to be released in the next few weeks.
The image released by the White House in April:
 Obama long-form birth certificate released April 27 by the White House |
Top constitutional expert Herb Titus contends that a “natural-born citizen” is born of parents who are citizens. That argument also is supported by a 19th-century U.S. Supreme Court decision, Minor v. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.”
That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”
An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice.
“‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”
If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.
“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”
