Judge Denies Obama's Motion To Quash Subpoenas In Georgia Ballot Challenge

[Soul Crusher]

Breaking: Judge Mahili Denies Obama's Motion To Squash Subpoenas In Georgia Ballot Challenge


http://www.art2superpac.com/UserFiles/file/Farrar-Welden-Swensson-PowellvObama,OrderonMotiontoQuashSubpoenas,GeorgiaBallotChallenge.pdf ^

January 20, 2012 2:59:37 PM by Obama Exposer

Judge Mahili Denies Obama's Motion To Squash Subpoenas And To Not Appear At Georgia Ballot Challenge Hearing!!!

The Order:

Defendant, President Barack Obama, a candidate seeking the Democratic nomination for the office of the President of the United States, has filed a motion to quash the subpoena compelling his attendance at the hearing on January 26, 2012.

In support of his motion, 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. 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. 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." Ga. Comp. R. & Regs. r. 616-1-2-.19(5).

Defendant further alludes to a defect in service of the subpoena. However, the Court's rules provide for service of a subpoena upon a party, by serving the party's counsel of record. Ga. Comp. R. & Regs. r. 616-1-2-.19(4). Thus, the argument regarding service is without merit.

Accordingly, Defendant's motion to squash is denied.

SO ORDERED, this the 20th day of January, 2012.


(Excerpt) Read more at art2superpac.com ...


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[Soul Crusher]

http://www.scribd.com/doc/78876832/Farrar-Welden-Swensson-Powell-v-Obama-Order-on-Motion-to-Quash-Subpoenas-Georgia-Ballot-Challenge



Awesome - ghettothugbama has to appear.   

[Soul Crusher]

From ORYR:
"Georgia Judge Malihi Denies Obama's Motion to Not Appear At Georgia Ballot Challenge Hearing


Farrar-Welden-Swensson-Powell v Obama, Order on Motion to Appear, Georgia Ballot Access Challenge - 1/20/2012

ORDER ON MOTION TO QUASH SUBPOENAS

Defendant, President Barack Obama, a candidate seeking the Democratic nomination for the office of the President of the United States, has filed a motion to quash the subpoena compelling his attendance at the hearing on January 26, 2012.

In support of his motion, 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. 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. 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." Ga. Comp. R. & Regs. r. 616-1-2-.19(5).

Defendant further alludes to a defect in service of the subpoena. However, the Court's rules provide for service of a subpoena upon a party, by serving the party's counsel of record. Ga. Comp. R. & Regs. r. 616-1-2-.19(4). Thus, the argument regarding service is without merit.

Accordingly, Defendant's motion to quash is denied.

SO ORDERED, this the 20th day of January, 2012."


-end snip-

http://obamareleaseyourrecords.blogspot.com/2012/01/georgia-judge-malihi-denies-obamas.html

 

[Soul Crusher]

 

[Vince G, CSN MFT]

http://www.scribd.com/doc/78876832/Farrar-Welden-Swensson-Powell-v-Obama-Order-on-Motion-to-Quash-Subpoenas-Georgia-Ballot-Challenge



Awesome - ghettothugbama has to appear.   

No he doesnt...

Once he uses Executive Privilege, that will be the end of that...along with the case being thrown out like the rest.....  Federal law overrules any state law...moron.

[Soul Crusher]

No he doesnt...

Once he uses Executive Privilege, that will be the end of that...along with the case being thrown out like the rest.....  Federal law overrules any state law...moron.

Why can't Obama just release his records?

[Vince G, CSN MFT]

Why can't Obama just release his records?

He's already released his birth certificate showing that he was born in the United States which honestly wasn't even required to begin with.  All other items....school records, etc, is pretty ridiculous as they are not in the requirements to run or be President of the United States.  There is really no basis or reason to ask for information that is not relevant.  


Point being..this is an example of why Executive Privilege was written into the Constitution for.  The POTUS can't run around the country to answer every bumfuck lawsuit and a state judge does not have the authority to subpeona the POTUS or has any jurisdiction outside the state.  The only legit challenge that could have been made would have had to have been from Hawaii....and that's already been squashed

[Soul Crusher]

I'm still a birther, a bagger , a birtcher, and think Obama is hiding stuff.

[Soul Crusher]

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Ga. Judge Orders President to Appear at Hearing (AP/ABC)
AP via ABC News ^ | AP
Posted on January 20, 2012 6:52:35 PM EST by SteveH

A judge has ordered President Barack Obama to appear in court in Atlanta for a hearing on a complaint that says Obama isn't a natural-born citizen and can't be president.

It's one of many such lawsuits that have been filed across the country, so far without success. A Georgia resident made the complaint, which is intended to keep Obama's name off the state's ballot in the March presidential primary.

An Obama campaign aide says any attempt to involve the president personally will fail and such complaints around the country have no merit.

(Excerpt) Read more at abcnews.go.com ...

[Soul Crusher]

A judge has ordered President Barack Obama to appear in court in Atlanta for a hearing on a complaint that says Obama isn't a natural-born citizen and can't be president.

It's one of many such lawsuits that have been filed across the country, so far without success. A Georgia resident made the complaint, which is intended to keep Obama's name off the state's
ballot in the March presidential primary.

An Obama campaign aide says any attempt to involve the president personally will fail and such complaints around the country have no merit.

The hearing is set for Thursday before an administrative judge.  Deputy Chief Judge Michael Malihi on Friday denied a motion by the president's lawyer to quash a subpoena that requires Obama to show up.

Copyright 2012 by Associated Press.  All Rights Reserved.









Awesome!   CBS and AP running w this now. 


go back to Kenya! 

[Soul Crusher]

Georgia Democratic Party Responds To Obama Ballot Challenge Seeking Donations (Video)

^
Posted on January 21, 2012 2:42:36 PM EST by Obama Exposer

In a desperate plea attempt, the Georgia Democratic Party Chairman Mike Berlon has made a video requesting contributions to counter the Georgia access ballot challenge to President Obama. In the video he deems the lawsuit frivolous and demands the voters 'Force' republicans to debate the issues that affects Georgia's economic problems all while ignoring the Constitutional natural born citizen eligibility problem that faces Barack Obama.

[Skip8282]

He's already released his birth certificate showing that he was born in the United States which honestly wasn't even required to begin with.  All other items....school records, etc, is pretty ridiculous as they are not in the requirements to run or be President of the United States.  There is really no basis or reason to ask for information that is not relevant.   


Point being..this is an example of why Executive Privilege was written into the Constitution for.  The POTUS can't run around the country to answer every bumfuck lawsuit and a state judge does not have the authority to subpeona the POTUS or has any jurisdiction outside the state.  The only legit challenge that could have been made would have had to have been from Hawaii....and that's already been squashed

Uh, we've already established the judge can issue the subpoena.
He's already done it, and it's been upheld.
Like I said, you = dumb.

That's not to say that others, including Obama, have to obey.

You are right about this needing to go away though.  It makes the Republicans look like idiots and the longer it goes on, the worse they look.

[FarRightLooney]

http://www.wasobamaborninkenya.com/blog/barrack-obama-eligibility/a-question-from-lucas-smith-to-attorney-mario-apuzzo-if-obama-fails-to-appear-for-the-administrative-court-hearing-in-georgia-tentatively-scheduled-for-january-26-2012-what-legal-repercussions-co/

A question from Lucas Smith to attorney Mario Apuzzo: If Obama fails to appear for the administrative court hearing in Georgia, tentatively scheduled for January, 26 2012, what legal repercussions could he be confronted with?...

...Lucas,

Thank you for giving me the opportunity to address this issue on your very informative blog. Here is a quick answer.

The subpoena issued to Obama comes from an administrative court rather than a law court. A court-issued subpoena has the authority of a court order whether it comes from a law court or an administrative one.

Obama just happens to be the President now and would have to take time out of his official schedule to honor the subpoena. Nevertheless, Obama is subpoened as a private individual, not as the President.

Does Obama have to honor the subpoena? The only way to get out of honoring a subpoena is to have it quashed on a motion to quash. Obama tried that and it has so far failed. He can attempt to file a motion for reconsideration. But until the court changes its mind, he must honor the subpoena and here is why.

“It is beyond dispute that there is in fact, a public obligation to provide evidence, see United States v. Bryan, 339 U. S. 323, 339 U. S. 331; Blackmer v. United States, 284 U. S. 421, 284 U. S. 438, and that this obligation persists no matter how financially burdensome it may be. Footnote 10″
“Footnote 10 t may be a sacrifice of time and labor, and thus of ease, of profits, of livelihood. This contribution is not to be regarded as a gratuity, or a courtesy, or an ill-required favor. It is a duty not to be grudged or evaded. Whoever is impelled to evade or to resent it should retire from the society of organized and civilized communities, and become a hermit. He who will live by society must let society live by him, when it requires to. 8 J. Wigmore, Evidence § 2192, p. 72 (J. McNaughton rev.1961).”

Hurtado v. United States, 410 U.S. 578, 589 (1973). This is one case among the many on this issue.

Indeed, Obama, as a member of legally constitutued society, as a “public obligation” to provide evidence to a court, whether that court is a law court or an administrative one. His obligation is even greater given that the subpoena touches upon his right to eventually hold a public office should he win the election. Even Congress, which is not a law court, issues subpoenas which must be obeyed at the risk of suffering severe sanctions, including incarceration.

The only way that Obama could avoid the subpoena is to show that he has some privilege that protects him from giving the requested evidence. Again, Obama has been subpoened as a private person, a candidate for public office, not as the President of the United States. From the Georgia court’s ruling on Obama’s motion to quash, we can see that Obama failed to make such a showing that convinced the court that he in fact has such a privilege.

If Obama does not honor the subpoena, the court, applying Georgia law and precedents from federal law, can issue an order to show cause to him ordering him to show cause why he should not be held in contempt. If he still does not comply, then he would be held in contempt of court. The court in such a case will issue sanctions to him, which can include a monetary penalty, an adverse ruling against him in the case itself, or even incarceration. Since he is the currently putative sitting President, the court would probably just opt for an adverse ruling rather than jail. That would be the best option since it gets to the heart of the matter. That adverse ruling would be that Obama has not met his burden of proof to show that he is an Article II “natural born Citizen.” Hence, the court could recommend to the Georgia Secretary of State that Obama’s not be allowed to be placed on the primary ballot. In the end, the Secretary of State will make the ultimate decision.

Additionally, the current sitting President of the United States not honoring a court-issued and properly served subpoena related to whether the President is constitutionally eligible for that very office could also be deemed a “high Crime[] or Misdemeanor[]” under Article II, Section 4, the article dealing with impeachment of the President. Congress could declare such conduct a high crime or misdemeanor and inititate and prosecute impeachment proceedings against Obama and they should.

Mario Apuzzo, Esq.
htt://puzo1.blogspot.com

[FarRightLooney]

http://www.art2superpac.com/UserFiles/file/ART2SUPERPACANNOUNCEMENTREGARDINGLIVEGAHEARINGBROADCAST.pdf

PRESS RELEASE – JANUARY 21st, 2012
FOR IMMEDIATE RELEASE: ARTICLE II SUPER PAC TO BROADCAST JANUARY
26TH, 2012 OBAMA ELIGIBILITY HEARINGS IN ATLANTA, GEORGIA – LIVE!

Article II Political Action Committee (http://art2superpac.com) will be on site with uncut,
uncensored, complete,  live streamed gavel-to-gavel video coverage of the first ever
“Obama” Constitutional Presidential eligibility hearings. “The PAC saw the need to do
this last month, because of the often incomplete and biased coverage of this issue by
MainStream news media and recently received permission from the court,” said Director
Helen Tansey, who will personally manage on-site efforts.

The PAC describes this upcoming event as “The hearing of the century, for the (alleged)
political crime of the century,” referring to the breathtaking implications of an illegal
“President” in the White House or on the presidential ballot.

For live video coverage from the hearings, go to http://www.Art2SuperPAC.com.
These proceedings could lead to the removal of the incumbent from the Georgia ballot,
which would raise questions nationwide. This would be the first time that these issues
and related evidence are deliberated in open court. Numerous ballot challenges have
been filed in dozens of states, contesting “Obama’s” questionable eligibility, based upon
natural born citizenship requirements, in Article II of the U.S. Constitution and laws in
multiple states. Georgia will be one of the first states heard. This is due to the timing of
challenge filings and its unique state administrative court set up to handle such matters,
in a jurisdiction potentially receptive to such cases.

Three cases are being heard on one momentous day, in this order: Plaintiffs David
Weldon (represented by Van Irion); Carl Swennson and Kevin Powell (represented by
Mark Hatfield); David Farrar, Leah Lax, Cody Judy, Thomas McCLaren, Laurie Roth
(represented by Dr. Orly Taitz).

[Vince G, CSN MFT]

http://www.wasobamaborninkenya.com/blog/barrack-obama-eligibility/a-question-from-lucas-smith-to-attorney-mario-apuzzo-if-obama-fails-to-appear-for-the-administrative-court-hearing-in-georgia-tentatively-scheduled-for-january-26-2012-what-legal-repercussions-co/

A question from Lucas Smith to attorney Mario Apuzzo: If Obama fails to appear for the administrative court hearing in Georgia, tentatively scheduled for January, 26 2012, what legal repercussions could he be confronted with?...

...Lucas,

Thank you for giving me the opportunity to address this issue on your very informative blog. Here is a quick answer.

The subpoena issued to Obama comes from an administrative court rather than a law court. A court-issued subpoena has the authority of a court order whether it comes from a law court or an administrative one.

Obama just happens to be the President now and would have to take time out of his official schedule to honor the subpoena. Nevertheless, Obama is subpoened as a private individual, not as the President.

Does Obama have to honor the subpoena? The only way to get out of honoring a subpoena is to have it quashed on a motion to quash. Obama tried that and it has so far failed. He can attempt to file a motion for reconsideration. But until the court changes its mind, he must honor the subpoena and here is why.

“It is beyond dispute that there is in fact, a public obligation to provide evidence, see United States v. Bryan, 339 U. S. 323, 339 U. S. 331; Blackmer v. United States, 284 U. S. 421, 284 U. S. 438, and that this obligation persists no matter how financially burdensome it may be. Footnote 10″
“Footnote 10 t may be a sacrifice of time and labor, and thus of ease, of profits, of livelihood. This contribution is not to be regarded as a gratuity, or a courtesy, or an ill-required favor. It is a duty not to be grudged or evaded. Whoever is impelled to evade or to resent it should retire from the society of organized and civilized communities, and become a hermit. He who will live by society must let society live by him, when it requires to. 8 J. Wigmore, Evidence § 2192, p. 72 (J. McNaughton rev.1961).”

Hurtado v. United States, 410 U.S. 578, 589 (1973). This is one case among the many on this issue.

Indeed, Obama, as a member of legally constitutued society, as a “public obligation” to provide evidence to a court, whether that court is a law court or an administrative one. His obligation is even greater given that the subpoena touches upon his right to eventually hold a public office should he win the election. Even Congress, which is not a law court, issues subpoenas which must be obeyed at the risk of suffering severe sanctions, including incarceration.

The only way that Obama could avoid the subpoena is to show that he has some privilege that protects him from giving the requested evidence. Again, Obama has been subpoened as a private person, a candidate for public office, not as the President of the United States. From the Georgia court’s ruling on Obama’s motion to quash, we can see that Obama failed to make such a showing that convinced the court that he in fact has such a privilege.

If Obama does not honor the subpoena, the court, applying Georgia law and precedents from federal law, can issue an order to show cause to him ordering him to show cause why he should not be held in contempt. If he still does not comply, then he would be held in contempt of court. The court in such a case will issue sanctions to him, which can include a monetary penalty, an adverse ruling against him in the case itself, or even incarceration. Since he is the currently putative sitting President, the court would probably just opt for an adverse ruling rather than jail. That would be the best option since it gets to the heart of the matter. That adverse ruling would be that Obama has not met his burden of proof to show that he is an Article II “natural born Citizen.” Hence, the court could recommend to the Georgia Secretary of State that Obama’s not be allowed to be placed on the primary ballot. In the end, the Secretary of State will make the ultimate decision.

Additionally, the current sitting President of the United States not honoring a court-issued and properly served subpoena related to whether the President is constitutionally eligible for that very office could also be deemed a “high Crime[] or Misdemeanor[]” under Article II, Section 4, the article dealing with impeachment of the President. Congress could declare such conduct a high crime or misdemeanor and inititate and prosecute impeachment proceedings against Obama and they should.

Mario Apuzzo, Esq.
htt://puzo1.blogspot.com

That's the problem.... the judge is ignoring the fact that Obama IS the President of the United States.  He's not a private citizen or a candidate anymore


Of course, to be honest, these types of lawsuits are no more ridiculous that the ones that tried to make brand Bush as a war criminal.  The it really does not matter because Obama is not going to win the state of Georgia in the election anyway as he didn't win the state in 2008 but stuff like this will be used as a rallying cry and will give reason for people to mobilize.  If the GOP wants to win, they have to beat Obama fair and square...if they are seen to be finding loopholes, then it will be detrimental

[Soul Crusher]

Vince - why can't Obama just release his damn records and end this?

[Vince G, CSN MFT]

Vince - why can't Obama just release his damn records and end this?

You know good and well that no matter what records he releases, it will never be enough to satisfy birther idiots like you.

[240 is Back]

plus yo'd have idiots crying about obama's 11th grade term papers.


i mean, if htey bitch about what michelle may have said, or what the christmas decorations were, or michelle's 'china red' dress...

[Soul Crusher]

You know good and well that no matter what records he releases, it will never be enough to satisfy birther idiots like you.

 Want to see everything.  Sorry, between his name changes, his alias, his I'd fraud, his ss fraud, he needs to come clean.  

[Soul Crusher]

plus yo'd have idiots crying about obama's 11th grade term papers.


i mean, if htey bitch about what michelle may have said, or what the christmas decorations were, or michelle's 'china red' dress...

 Thought you were a birther yourself?   at least I admit I am a birther. 

[240 is Back]

Thought you were a birther yourself?   at least I admit I am a birther. 

of course i'm a birther.  and IMO, every candidate should be transparent.  but since ya didn't care about mccain's 1 page doctors note... lol

but in this case, rush and levin would cry about his high school math test scores, you know this. 

[Soul Crusher]

President Obama To Ignore Georgia Subpoena And Head To Las Vegas Jan 26th.

Posted on January 22, 2012 11:28:39 PM EST by Obama Exposer

President Obama plans to head out on a 3 day trip arriving in Las Vegas Wednesday afternoon and staying overnight well into Thursday. That afternoon he will leave for Denver and then Detroit. The president plans to promote his State of the Union address. With this action, President Obama intends to ignore a legal judicial subpoena from the state of Georgia requesting him, by name, to appear in court January 26th 2012 at 9am in Judge Michael Malihi's courtroom. Barack Obama's attempt as a candidate to be on the state ballot in Georgia has been officially legally challenged by state citizens in a official administrative hearing before a judge who was appointed by Governor Zell Miller, a democrat at the time.

It is important to know that, once you are given a subpoena or summons, you are legally required to attend the proceeding indicated on the document and serve as a witness for the case in question. Failure to comply with the court’s order can lead to severe penalties, including a warrant being issued for your arrest. In some states, you may even be fined, lose your driver’s license, or spend time in jail if do not appear at the proceeding indicated in the subpoena. As of now it appears Barack Obama will ignore the subpoena, upheld by Judge Malihi in his denial of the Presidents 'Motion to Quash', and carry on with his trip to 'Sin City' and beyond. It's also apparent that Barack Obama doesn't intend to show up in court and ensure the American people that he is indeed a natural born Citizen to be president as required by Article 2 Section 1 Clause 5 of the United States Constitution.

[Vince G, CSN MFT]

President Obama To Ignore Georgia Subpoena And Head To Las Vegas Jan 26th.

Posted on January 22, 2012 11:28:39 PM EST by Obama Exposer

President Obama plans to head out on a 3 day trip arriving in Las Vegas Wednesday afternoon and staying overnight well into Thursday. That afternoon he will leave for Denver and then Detroit. The president plans to promote his State of the Union address. With this action, President Obama intends to ignore a legal judicial subpoena from the state of Georgia requesting him, by name, to appear in court January 26th 2012 at 9am in Judge Michael Malihi's courtroom. Barack Obama's attempt as a candidate to be on the state ballot in Georgia has been officially legally challenged by state citizens in a official administrative hearing before a judge who was appointed by Governor Zell Miller, a democrat at the time.

It is important to know that, once you are given a subpoena or summons, you are legally required to attend the proceeding indicated on the document and serve as a witness for the case in question. Failure to comply with the court’s order can lead to severe penalties, including a warrant being issued for your arrest. In some states, you may even be fined, lose your driver’s license, or spend time in jail if do not appear at the proceeding indicated in the subpoena. As of now it appears Barack Obama will ignore the subpoena, upheld by Judge Malihi in his denial of the Presidents 'Motion to Quash', and carry on with his trip to 'Sin City' and beyond. It's also apparent that Barack Obama doesn't intend to show up in court and ensure the American people that he is indeed a natural born Citizen to be president as required by Article 2 Section 1 Clause 5 of the United States Constitution.

Bahahahahaha!!!!  Like I said before, Obama isn't going to pay any attention to some judge because he doesn't have the power to make the President of the United States to appear in court. 

The fact that the person who wrote this garbage is the biggest moron of all.  In addition to Executive Privilege, the President of the United States has Sovereign Immunity which prevents him from being arrested by any judicial system, in addition he doesn't have a Georgia Driver's License because he's a resident of Illinois.


Of course the judge can issue a warrant but again....won't go anywhere and will likely make him a pretty big laughingstock.  I am amazed at how far this has gone but its really a waste of taxpayer money.

[Soul Crusher]

Judge's order in ‘birther' case unlikely to draw Obama
The Atlanta Journal-Constitution ^ | 5:49 p.m. Monday, January 23, 2012 | Bill Rankin



[...]

Obama will embark on a three-day trip following his State of the Union address Tuesday evening, White House press secretary Jay Carney said during a press briefing Monday. The White House has said that Obama will be in Las Vegas, Denver and Detroit this Thursday.

In a surprising ruling Friday, a Georgia state administrative judge declined to quash a subpoena directing Obama to attend a hearing Thursday at the Fulton County courthouse on a challenge to strike him from the Georgia ballot this fall on claims he is not a U.S. citizen.

Deputy Chief Judge Michael Malihi issued the decision after previously declining to dismiss the case, one of dozens around the country brought by so-called “birthers.” Malihi, appointed in 1995 by Gov. Zell Miller, presides at the Georgia Office of State Administrative Hearings, which hears complaints against state agencies.

Last year, eight people filed challenges to Obama’s citizenship with the Georgia Secretary of State’s office, which administers elections. The agency referred the dispute to the administrative hearing office as required by law, an office spokesman said Monday.


(Excerpt) Read more at ajc.com ...


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[FarRightLooney]

Uploaded by BirtherReportDotCom on Jan 23, 2012
Fox News: Judge Orders Obama To Appear At Georgia Eligibility Hearing - 1/23/2012 - http://www.BirtherReport.com