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Cite Obama with contempt, lawyers urge
Refusal to follow subpoena 'no less than declaration of total dictatorial authority'
WND
Bob Unruh
2/1/2012
Excerpt:
"A Georgia resident contending Barack Obama is ineligible for the state’s 2012 presidential election ballot is asking that a court cite him with contempt.
In a motion filed in the case pending before Georgia Administrative Law Judge Michael Malihi, attorney Van Irion, representing David P. Weldon, urged the court not to overlook the fact that Obama had been subpoenaed for last week’s hearing. Obama’s attorney, he pointed out, acknowledged the subpoena by asking that it be quashed. But when the judge refused his request, he but told a state elections official he would not participate.
The motion explains that when Malihi refused to quash the subpoena, Obama and his attorney, Michael Jablonski, “requested that the Secretary of State [Brian Kemp] halt the proceedings. … The letter ended with a statement that the defendant and his attorney would suspend all further participation in the proceedings of this court pending response.”
Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?”
But after Kemp confirmed later that day that the hearing would continue and said that failing to participate “would be at the defendant’s peril,” Obama and his lawyer still refused to attend.
The letter from Obama’s lawyer to the state official, “coupled with the defendant’s willful refusal to comply with an order of this court, represent a direct threat to the rule of law,” the motion says. “The … actions represent a direct threat to the entire judicial branch and the separation of powers.”
Willfully ignoring a court subpoena is “unprecedented,” Irion writes. “While past presidents have litigated against subpoenas, in every case those presidents acknowledged and respected the authority of the judicial branch. … In the instant case the defendant did not appeal to a higher court, and instead instructed the Secretary of State that he would not participate. … When the Secretary of State refused to act in an unlawful manner the defendant ignored the Secretary of State, violated an order of this court, and apparently instructed his attorney to act in a manner that violates the professional rules of conduct of this state.”
Obama’s action, he says, “amounts to no less than a declaration of total dictatorial authority. Such declaration cannot go without response from this court. Failure to respond to the defendant’s contumacious conduct would amount to an admission that this court and the judicial branch as a whole do not have the authority granted to them under articles III and IV of the Constitution.”
Irion, representing Weldon, and several other attorneys argued before Malihi last week to have Obama’s name stricken from the Georgia state ballot.
The hearing was held on concerns raised 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 the U.S., and national elections are just a compilation of the results of the 50 state elections.
The 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 raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly 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."
View the complete article at:
http://www.wnd.com/2012/02/cite-obam...rs-urge-judge/
Refusal to follow subpoena 'no less than declaration of total dictatorial authority'
WND
Bob Unruh
2/1/2012
Excerpt:
"A Georgia resident contending Barack Obama is ineligible for the state’s 2012 presidential election ballot is asking that a court cite him with contempt.
In a motion filed in the case pending before Georgia Administrative Law Judge Michael Malihi, attorney Van Irion, representing David P. Weldon, urged the court not to overlook the fact that Obama had been subpoenaed for last week’s hearing. Obama’s attorney, he pointed out, acknowledged the subpoena by asking that it be quashed. But when the judge refused his request, he but told a state elections official he would not participate.
“Plaintiff Weldon moves this court to refer an order for contempt to the Superior Court for confirmation that defendant Obama is in contempt of court,” the motion says. “Grounds for this motion are that defendant Obama willfully defied this court’s order to appear and testify during this court’s hearing of January 26."
The motion explains that when Malihi refused to quash the subpoena, Obama and his attorney, Michael Jablonski, “requested that the Secretary of State [Brian Kemp] halt the proceedings. … The letter ended with a statement that the defendant and his attorney would suspend all further participation in the proceedings of this court pending response.”
Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?”
But after Kemp confirmed later that day that the hearing would continue and said that failing to participate “would be at the defendant’s peril,” Obama and his lawyer still refused to attend.
The letter from Obama’s lawyer to the state official, “coupled with the defendant’s willful refusal to comply with an order of this court, represent a direct threat to the rule of law,” the motion says. “The … actions represent a direct threat to the entire judicial branch and the separation of powers.”
Willfully ignoring a court subpoena is “unprecedented,” Irion writes. “While past presidents have litigated against subpoenas, in every case those presidents acknowledged and respected the authority of the judicial branch. … In the instant case the defendant did not appeal to a higher court, and instead instructed the Secretary of State that he would not participate. … When the Secretary of State refused to act in an unlawful manner the defendant ignored the Secretary of State, violated an order of this court, and apparently instructed his attorney to act in a manner that violates the professional rules of conduct of this state.”
Obama’s action, he says, “amounts to no less than a declaration of total dictatorial authority. Such declaration cannot go without response from this court. Failure to respond to the defendant’s contumacious conduct would amount to an admission that this court and the judicial branch as a whole do not have the authority granted to them under articles III and IV of the Constitution.”
Irion, representing Weldon, and several other attorneys argued before Malihi last week to have Obama’s name stricken from the Georgia state ballot.
The hearing was held on concerns raised 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 the U.S., and national elections are just a compilation of the results of the 50 state elections.
The 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 raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly 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."
View the complete article at:
http://www.wnd.com/2012/02/cite-obam...rs-urge-judge/