California attorney Orly Taitz has been the butt of many jokes and roundly criticized by the mainstream media for her dogged pursuit of proving that Barack Obama was never eligible to serve as president of the United States because he is not a natural born citizen. After dozens of lawsuits, Taitz finally found a judge in Georgia who is allowing one of her eligibility challenges to be heard on the merits. Judge Michael Malihi first denied a motion to dismiss Taitz' complaint filed in Georgia challenging his right to appear on the 2012 Democratic primary ballot for the state of Georgia. Today, Judge Malihi denied a motion filed by Obama's attorneys seeking to quash subpoenas she served on Obama to appear at a hearing on January 26, 2012 and produce original documents Taitz has asked the President to produce, including his birth certificate, social security application, aliases and school records. Here's the text of Judge Malihi's 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 quash is denied.
SO ORDERED, this 20th day of January, 2012
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4 comments:
If Obama doesn't show up for court with his documents to defend himself he should not be on the ballot in that state. Also the judge should put out a warrant on him for failure to appear.
i bet the arrogant bastard won't show
I hope they nail his useless ass.
In respons to a poster the following is posted:
Good Gracious Also, I question your assertion of who may have been the first to stand up and lead the charge--it may have been Allan Keyes who first rang the bell---Not Joe---never the less the "battle is now, not after the elections" --the major salvo has all ready been fire and the prep for the counter attack which is to be this Thursday in Georgia is ongoing by attorneys, a few citizens and a Die Hard soviet born Attorney who have taken it upon themselves to fight the battle---I read WND every day and I dont see Joe in the trenches but he does take a swipe every now and then.
Everyone who support this battle needs to support the Georgia effort in any way possible with emails, faxes, mail, and phone calls--this is on the verge of an Obama earthquake and we must support his earthquake and make it happen. Pass the word around to all Americans--Support The Georgia Smack Down.
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