Obama Birther Case In Georgia Unlikely To Bring The President, Despite Judge's Order

The White House appears prepared to ignore a recent ruling by Georgia Deputy Chief Judge Michael Malihi that would require President Obama to attend a birther hearing in Fulton County, Ga., on Thursday.

White House Press Secretary Jay Carney outlined Barack Obama's weekly agenda on Monday, noting that the president is scheduled to hit Las Vegas, Denver and Detroit on Thursday in a whirlwind tour to talk middle class job creation.

That's not likely to sit well with Malihi, who last week rejected an effort by Obama's legal team to quash a subpoena that would require president appear in court that day. The complaint, like many others of its kind, claims Obama isn't a natural-born citizen and therefore can't be president.

The Atlanta Journal-Constitution reports on Malihi's decision to deny the administration's efforts to counter the subpoena:

In his order, Malihi noted that Obama's legal team had argued that no president should be compelled to attend a court hearing.

"This may be correct," Malihi wrote. "But [Obama] has failed to enlighten the court with any legal authority."

Obama's court filings fail to show why his attendance would be "unreasonable or oppressive" or why his testimony would be "irrelevant, immaterial or cumulative," the judge wrote.

The White House on Monday referred questions to Obama's reelection campaign, which had no public comment.

Birther queen Orly Taitz, who represents one of the complainants, is also likely to be unhappy with the administration's apparent decision to not take Malihi's order seriously.

Over the weekend, Taitz predicted that the hearing would "be 100 times bigger than Watergate."

Taitz had earlier received a $20,000 fine for a frivolous suit in Georgia. In that suit, she represented two soldiers who were seeking to avoid deployment over their belief that Obama wasn't eligible to be president. Earlier this month, she reacted to Malihi's original decision to deny a motion by the administration to have the challenges dismissed by saying she would now be able to "depose" the president.

The Atlanta Journal-Constitution spoke with attorney Melvin Goldstein, who is not involved with the case, to get some insight on what might happen if the administration simply turned a blind eye to the court order. While unprecedented, he said Malihi could possibly refer the matter to a Fulton County Superior Court judge, who could then decide whether to enforce the subpoena. If necessary, Goldstein suggested, the judge could hold the president in contempt.

Comments

[Will737]

03:48 AM on 03/15/2012

OMG. Is this still going on here? I just dropped by to gather an old quote, and the crazy Birthers are still here.

NOTE TO ALL BIRTHERS: This nonsense is all over in Georgia. I will repeat what bdaved said below. The final voice was Judge Malihi:

"President Barack Obama is eligible as a candidate for the presidential primary election under O.C.G.A. § 21-2-5(b)."
http://www.scribd.com/doc/80417613/Farrar-Welden-Swensson-Powell-v-Obama-Judge-Malihi-Final-Decision-Georgia-Ballot-Challenge-2-3-2012

The Birthers had already lost in the Federal Court in Georgia [which also levied a $10,000 fine on Orly for a frivilous lawsuit] and also had lost in the Circuit Court in Georgia [which was affirmed by the GA Supreme Court].

[REMEMBER2050]

02:28 PM on 03/06/2012

This reminds me. On Obama's 2012 website, you can buy stuff, including a coffee cup with a picture of him on one side with the caption "Made in the U.S.A." and his birth certificate on the other. http://store.barackobama.com/made-in-the-usa-mug.html There's also a Biden one saying "Cup of Joe."

I recommend sending the Obama one to Taitz, but I'm way too cheap. I'd just as soon lock her in a broom closet and be done with her. She sure has given the legal profession an even WORSE name.

[JRivera 68]

02:59 PM on 02/11/2012

This is exactly the reason why the FEDERAL GOVERNMENT IS ABOVE ANY STATE GOVERNMENT!!! This is beyond crackpot and the woman who is nothing but an instrument in this whole renewed debacle, that was already resolved, is just trying to work her way into a reality show deal, nothing else. The revelation of the Republican party completely disregarding their own supposed moral platform just to attain power in any and all spheres of American politics is the perfect illustration of the erosion of respectable political discourse in this country. The sad thing is that there are so many people who believe these numerous shell games to the point of meeting and getting into a physical altercation over their misinformed beliefs. I am going to have a good laugh on November 7, 2012, at the expense of people like these characters with their five and dime fact sheets; MidnightCry, justgetitright and USPatriots...A belly laugh you half assed conservatives.

[dbrett480]

07:37 PM on 02/02/2012

This case gives me hope. If an idiot like Taitz can become an attorney, so can I!

[REMEMBER2050]

01:31 PM on 03/06/2012

Sure, why the hell not. Everybody on the right is a real wag do-it-yourselfer. That's why we have so many anti-climate change "scientists" who's main credentials are their lack of GED's.

[justgetitright]

07:13 PM on 02/02/2012

a President that snubs his nose at the judicial system and then risks a default judgement against him. How will he feel when he is not on the Georgia Ballot in November? What will he do when other states file lawsuits based on the same information.
The Supreme Court says that a 'natural born' citizen is one that was born in the country of parents (note the plural) that are also citizens of this country. His mom is OK, not so for his dad
Minor v. Happersett - 88 U.S. 162 (1874)) the definition of 'natural born' was

"No person except a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible to the office of President," and that Congress shall have power "to establish a uniform rule of naturalization." Thus, new citizens may be born or they may be created by naturalization.

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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents.

[bdaved]

01:16 AM on 02/04/2012

How do you feel when the Georgia court says you don't know what you're talking about?

[justgetitright]

10:42 PM on 02/04/2012

How do I fee or how will I fee?

I might ask you the same question. How will you feel when the court decides that Obama should be removed from the states ballot.

Either way, this is likely to end up in the Supreme Court because this no other court can over rule the Supreme Courts ruling

[jtthomas240]

01:06 PM on 01/30/2012

What, exactly, does Orly (can't help but think of the O Rly? owl when I see her name) think she's going to accomplish if Obama comes to court? Is she going to shout him down? Is she going to demand he describe geographical features of the town he was in the day he was born? Is she going to carbon date his skin to see if he was really born in the 60s? I don't get it. His information has been released and verified by numerous legitimate sources. You either accept it, and move on; or you don't accept it, and you move back into your parent's basement.

[marshhen]

07:05 AM on 02/01/2012

Humbled that the president of the US does not appear to be above the law of ordinary citizens.

[jtthomas240]

07:56 AM on 02/01/2012

Orly is neither an ordinary citizen nor does this case have anything to do with the law.

[justgetitright]

07:27 PM on 02/02/2012

Obama was not asked by Orly to attend, he was asked by the judge so that he could defend himself. Neither he nor his attorney saw fit to show up.

[jtthomas240]

08:41 AM on 02/03/2012

This woman is pursuing an asinine partisan fraud debunked by numerous people and ignored by all but the insane.

[EducatedWoman]

11:20 PM on 01/29/2012

Since Barack Obama is a federal official, I don't know how a state court could have personal jurisdiction of the President of the United States in a matter relating to his citizenship or his eligibility to be President or the validity of his presidency. Maybe one of you birthers can explain it to me.

[Peter First]

07:48 PM on 01/30/2012

It's really quite simple One qualification to be pres of U.S. is for the person to be "a natural born citizen" In Obama's case he'd need two parents to be citizens of the U.S. @ his time of birth. The crap about being born in Hawaii was a distraction to the FACT, as Obama wrote in his books that his father was Kenyan?British subject. Obama has used multiple S.S.#'s and his current # is listed as "suspected fraud" on the govts e-verify! Obama has multiple names, 4 that I know of. All his school grades,transcripts,thesis papers are withheld from public scrutiny. There are various other problems with all of this.
Anyhow, Obama decided to ignore a judges order. He/his lawyers were warned , the outcome will be the judge rules Obama to be UN-ELIGIBLE to be on the Primary and/or Presidential ballot in the State of Georgia! Then the floodgates are opened and Obama is deemed to not meeet eligibility in many more States!!!

[Grabit]

11:47 PM on 01/30/2012

You've misrepresented your moniker. You're Peter Last.

[justgetitright]

07:22 PM on 02/02/2012

You are correct that the judge in this case does not have authority over the president. It does however have authority to enforce the laws as it applies to whom is allowed on the ballot.
The challenge is that Obama is ineligible based on previous Supreme Court definitions of who is a 'natural born' citizen.

If the plaintiffs are successful, which appears likely because Obama did not show up, then he will have his name removed from the Georgia ballot

[USPatriots]

02:52 PM on 01/28/2012

Try these 3 facts out than mainstream media can even digest:

a) Download it from here:
http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificate-long-form.pdf
Problem.
"Kenya" did not exist as a nation in 1961, the year Obama was (ostensibly) born.
It did not exist as "Kenya" until 1963. Prior to that, it was known as the East Africa
Protectorate, Kenya Colony. Prior to 1920, it was known as "British East Africa."

b) The second point on this "long-form birth certificate" leaves the State of Hawaii with some explaining to do as well--after all, it's allegedly their certificate.
Problem.
The place of birth (hospital) is listed as Kapi'olani Maternity & Gynecological Hospital.
You see, that hospital seemingly did not exist in 1961, as I quote from the correspondence of one of the investigators:
This cannot be, because the hospital(s) in question in 1961 were called "KauiKeolani Children's Hospital"
and "Kapi'olani Maternity Home", respectively. The name did not change to
Kapi'olani Maternity & Gynecological Hospital until 1978, when these two hospitals merged.
How can this particular name of the hospital be on a birth certificate dated 1961 if this name had not yet been applied to it until 1978?

c) The third point why does it say in the PDF’s header:
Problem. Produced at: 7:09:24 AM on 4/27/2011 in MAC OSX 10.6.7 using Quartz

[Dimensio]

03:25 PM on 01/28/2012

"Kenya" did not exist as a nation in 1961, the year Obama was (ostensibly) born. 
It did not exist as "Kenya" until 1963. Prior to that, it was known as the East Africa
Protectorate, Kenya Colony. Prior to 1920, it was known as "British East Africa."

As "Kenya" is not identified as a "nation" on Mr. Obama's birth certificate, I do not understand the relevance of this data.

The place of birth (hospital) is listed as Kapi'olani Maternity & Gynecological Hospital.
You see, that hospital seemingly did not exist in 1961, as I quote from the correspondence of one of the investigators:

Your assertion is contradicted by actual data.  Contemporaneous newspaper excerpts identify a ""KauiKeolani Children's Hospital"" prior to 1961.  Historical data notes the name to have been established in 1931.

c) The third point why does it say in the PDF’s header:
Problem. Produced at: 7:09:24 AM on 4/27/2011 in MAC OSX 10.6.7 using Quartz

Are you unaware that Mr. Obama's original birth certificate is not actually itself a Portable Document File, and that the date referenced is the date that a digital scanning of Mr. Obama's original birth certificate was used as the basis for a Portable  Document File?

[justgetitright]

07:33 PM on 02/02/2012

Kenya does show up on Obama's birth certificate, look at his fathers birth place.

Obama Sr. birth place says Kenya, East Africa.

What I find odd is that the fathers race is described as African, where the language of the time would have said Negro/African
We were not a politically correct nation in 1961 and calling someone Negro would have been considered to be nice.

[justlw]

05:34 PM on 01/28/2012

If this is what you've got, it's really kind of sad, innit?

I think my favorite part of this is what hospital name is listed on the notorious Nordyke twins' birth certificates.

[Dimensio]

06:01 PM on 01/28/2012

The logical conclusion, then, is that neither of the Nordyke twins were born in the state of Hawaii.  Perhaps they, too, are illegal immigrants relying upon forged documentation.

[bdaved]

08:48 PM on 01/28/2012

It must be awful not having a candidate. If they only had a candidate...

[Midnight Cry]

01:06 PM on 01/28/2012

Georgians will simply vote him out of office to solve the dispute.

[Dimensio]

02:12 PM on 01/28/2012

A single state cannot remove a sitting President.

[EducatedWoman]

11:01 PM on 01/29/2012

I think that was Midnight's point. ;)

[Midnight Cry]

01:04 PM on 01/28/2012

Georgia judge has considered 'default' against Obama.
Attorneys who argued in a Georgia court this week that Barack Obama isn't eligible to be president say Administrative Law Judge Michael Malihi considered granting a default judgment before they even argued the case.

That presumably could have recommended that Obama failed to prove his eligibility and therefore should not be on the 2012 ballot, since he and his lawyer snubbed the hearing, for which Obama was subpoenaed. This shows the arrogance of Obama, and his failure to comply with legal requirements.

[Dimensio]

02:12 PM on 01/28/2012

Have you a reference to an official report corroborating that claim?

[justgetitright]

07:38 PM on 02/02/2012

Here is the discussion

At 9 a.m. on Jan. 26, Malihi met with the three attorneys in chambers. Twenty minutes later, when it became apparent neither Obama nor Jablonski planned to participate, Malihi said he could enter a default judgment against Obama, or, in the alternative, the attorneys could present their arguments and evidence in a streamlined hearing.

Here is the link to the article

http://www.sonorannews.com/archives/2012/120201/frontpage-Obama.html

[artzee]

02:31 PM on 01/28/2012

I agree.

[clydehamilton]

05:55 AM on 01/28/2012

Mandatory vulva cams. Requisite penile GPS. Surgeon tattoos "made in the USA" on all babies' heads before the final putsch. Congratulations Mom! You just made an American.

[bdaved]

02:25 PM on 01/29/2012

You know clyde, some folks on here are starting to make you sound like a regular Solomon.

[clydehamilton]

05:41 AM on 01/28/2012

Some keep writing that Prsident Obama travels around the World on our dime, so he can very well fly down to Geogria on our dime to find out if he indeed was born in the United States, and if he is indeed our President. Well, to those flinging this argument around like nasal phlegm, please if not a life, then maybe get an analyst. Most insurance carriers at least partially cover mental health. Call and speak with a representative today.

[clydehamilton]

05:07 AM on 01/28/2012

The Birther thang is grounded in one thing, racism. Think hard. Yes, you are a racist. It is okay. You can even change, if you want. But know this, Mitch McConnell's cheeks look very Prussian to me, so can we check that out. Cheers. Ciao.

[Dimensio]

02:15 PM on 01/28/2012

I do not agree with your assessment.  While I accept that some "birther" individuals are racist, I am unconvinced that all are such.  I believe that many are motivated by a dislike of the Democratic party (whether for legitimate reason or not), combined with an emotional (and, for some, a financial) investment in a proposition that a sitting Democratic President is not eligible and thus must be removed.  This investment results in a form of confirmation bias motivated by an unwillingness to acknowledge that time, emotion (and, as stated, finances for some) have been invested in a fruitless and ultimately worthless pursuit.

[jtthomas240]

01:04 PM on 01/30/2012

Some people have just gone all in on this birther thing, and no matter the evidence to the contrary they are too heavily invested in it, be in financially, emotionally, or publicly, to ever back down.

Great post. F&F; you've got some really rational and reasonable analysis.

[clydehamilton]

09:44 PM on 01/27/2012

The answer is porno. Porno, everywhere, everyone, all the time. Now, let's get back to important things like planning to invade Venezuela.

[AdmireBucs]

11:46 PM on 01/27/2012

This Porn/Venezuela platform sounds exciting.....

[AdmireBucs]

11:47 PM on 01/27/2012

Actually, I am in Denmark........:s How did you know?