Update: Copy of statement and letter re Georgia election ballot challenge filed against Pres Obama

[Tx4obama]

Chairman Mike Berlon on Hearing to Address President Obama’s Inclusion on the Georgia Presidential Primary Ballot

Georgia –Democratic Party of Georgia Chairman Mike Berlon releases the following statement on tomorrow’s administrative hearing to address President Obama’s inclusion on the Georgia Presidential primary ballot:

“Several lawsuits were recently filed against President Obama questioning whether he is an American citizen in an attempt to remove him from the Georgia primary ballot. Despite the fact that these issues have been thoroughly litigated, a hearing has been scheduled in these cases for Thursday, January 26, 2012. The Democratic Party of Georgia is not a party to any of these lawsuits.

“This afternoon we received a letter from counsel for the President directed to the Georgia Secretary of State asking him to intervene in these lawsuits and bring them to a halt, because it is well established that there is no issue here – a fact validated time and again by courts in this country.

“In the letter, counsel also indicated that they had no interest in continuing to appear or participate further in the litigation and have suspended their involvement.

“We respect the President’s position and urge the Secretary of State to bring this matter to a conclusion. We also believe that each political party has the absolute legal right to determine who should appear on their primary and general election ballots according to their own rules without interference from outside parties.

“In light of these developments the Democratic Party of Georgia has no plans to continue to be involved in these baseless cases. Furthermore the Democratic Party of Georgia will cooperate with the President and his campaign in any way requested to make sure that his name appears on the primary and general election ballots for 2012.”

http://www.georgiademocrat.org/2012/01/25/chairman-mike-berlon-on-hearing-to-address-president-obamas-inclusion-on-the-georgia-presidential-primary-ballot/

Copy of Letter:

January 25, 2012

Hon. Brian P. Kemp
Georgia Secretary of State
214 State Capitol
Atlanta, Georgia 30334

via email to Vincent R. Russo Jr., Esq.
([e-mail])

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.

Very truly yours,

MICHAEL JABLONSKI
Georgia State Bar Number 385850
Attorney for President Barack Obama

cc:

Hon. Michael Malihi (c/o Kim Beal ([e-mail]))
Van Irion, Esq. ([e-mail])
Orly Taitz, Esq. ([e-mail])
Mark Hatfield, Esq. ([e-mail])
Vincent R. Russo Jr., Esq. ([e-mail])
Stefan Ritter, Esq. ([e-mail])
Ann Brumbaugh, Esq. ([e-mail])
Darcy Coty, Esq. ([e-mail])
Andrew B. Flake, Esq. ([e-mail])

Note: To the Hosts of DU, I have posted this 'in full' since the statement and letter do not fall under the Copyright rule.

[Esse Quam Videri]

1. Interesting the whack job's email address at the bottom of the letter.

I mean I have a gmail account too......but I'm not bringing a lawsuit against the President of the United States.

[joshcryer]

2. Michael Jablonski wrote a pretty thorough response, but this is shameful.

That a state could still be going after this nonsense.

[MGKrebs]

3. You can't make this stuff up.

Last edited Thu Jan 26, 2012, 06:08 PM - Edit history (1)

Birthers are trying to get Obama removed from the ballot in a state he almost certainly won't win anyway, even though his eligibility has already been litigated multiple times. It's a gift to Democrats. I think George Soros must have hypnotized Orly Taitz and she is now doing his bidding.
The Dems have nothing to lose here. Even if the fabric of spacetime were to rip and we slipped into a bizarro universe where Obama was removed from the ballot here, the net result would be that a lot of political donation money from here would flow to swing states, increasing chances of Dem success there.

More inf:
http://blogs.ajc.com/political-insider-jim-galloway/2012/01/25/democrats-to-boycott-effort-to-remove-barack-obama-from-georgia-ballot/

[Tx4obama]

4. And IN that bizarro universe IF Obama were to be removed from the ballot...

then more than likely if Romney becomes the GOP nominee he would have to be removed too,
because the challenge against President Obama is due to his 'father' being born in Kenya.
Since Mitt's 'father' was born in Mexico, Romney is in the same situation
The GOPers are too dumb to realize that they are stupid.

[Tx4obama]

5. THURSDAY updates

Obama Birther Courtroom Update - good for a chuckle
http://www.democraticunderground.com/1002226284

and

No ruling in ‘birther' challenge
http://www.democraticunderground.com/101435829

[Tx4obama]

6. Rachel Maddow had Democratic Party of Georgia Chairman Mike Berlon on her show Thursday nite

and covered this issue

Here's the Maddow VIDEO: http://www.msnbc.msn.com/id/3096434/#46157665