A hearing will be conducted tomorrow morning in an Atlanta administrative court hearing a complaint filed by several Georgia citizens that Barack Obama is ineligible to appear on the state's presidential election ballot because he's not a natural born citizen, but neither Obama nor his attorney plan to attend despite an order issued by Judge Michael Malihi commanding their appearance. Instead, Obama's attorney fired a letter off to the state's Secretary of State condemning the administrative law judge's decision to go forward with the hearing. The Atlanta Journal-Constitution reports:
Democrats, including the attorney representing President Barack Obama, have made a last-minute decision to boycott the Thursday hearing to consider a “birther” effort to remove Obama from the March 6 presidential primary ballot.
“They can tilt at windmills on their own,” said state Democratic spokesman Eric Gray on Wednesday night.
Last week, in a surprise ruling, 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 natural born U.S. citizen.
Among tomorrow’s no-shows will be Michael Jablonski, the Atlanta attorney serving as counsel to Obama. He’s written a letter to Secretary of State Brian Kemp, a Republican, asking him to intervene and bring the circus to a halt.
Georgia Secretary of State Brian Kemp responded to Jablonski's last minute letter demanding the hearing be cancelled with a firm warning: Participate in the hearing or ignore it at your own peril. Here's his response:
“As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As the referring agency, the Secretary of State’s Office is not a party to the candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, I do not believe such a request would be judicious given the hearing is set for tomorrow morning.”
He continued, “I expect the administrative law judge to report his findings to me after his full consideration of the evidence and law. Upon receipt of the report, I will fully and fairly review the entire record and initial decision of the administrative law judge.”
He also had a warning about the costs of simply not showing up for a court hearing.
“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”UPDATE: Today's hearing is being streamed live courtesy of Article II SuperPac. Click here to watch.
UPDATE II: Judge Michael Malihi concluded the evidentiary part of the hearing this morning. Attorneys for the complainants presented evidence that Obama's father, Barack Obama, Sr., was never a U.S. citizen, and offered evidence of the applicable law for determining a person's natural born citizenship status during the first half of the hearing. In the second half, California attorney Orly Taitz offered witnesses and evidence to support her contention that Obama is using a social security number that was never issued to him, that the birth certificate the White House posted online last April was a forgery, that he had used other aliases, including Soetoro, and that he had been identified as an Indonesian citizen presumably adopted by his step father, an Indonesian citizen. A certified fraud examiner and two document imaging experts testified as to their conclusions concerning Obama's alleged fraudulent use of another person's social security number and a forged Hawaiian birth certificate. A retired immigration and customs official with the U.S government testified that his research of the passport and immigration records of his parents and Obama's Hawaiian birth certificate rose to the level that would warrant a further investigation of Obama for potential document and immigration fraud. Nobody representing Obama was present for the hearing to rebut or object to any of the evidence that was offered. One of the blogs following the case closely claims Judge Malihi called the complainants attorneys into his chambers prior to the hearing to advise them of his intention to enter a default judgment against Obama because of his and his attorneys' absence from today's hearing. According to the blogger, the attorneys requested that they first be able to get their evidence they wished to offer into the record, which he agreed to do.
The American Thinker's Cindy Simpson has provided this listing of the evidence entered into the official record yesterday, in addition to the testimony of witnesses:
P2. Affidavit of Senior Deportation Officer with the Department of Homeland Security John Sampson, showing that Obama is using Connecticut SSN 042-68-4425
p3. Affidavit of Adobe Illustrator expert Felicito Papa, showing Obama's alleged true and correct copy of his birth certificate to be a computer generated forgery
P4. Affidavit of witness Linda Jordan, attesting to the fact, that SSN 042-68-4425, used by Obama, does not pass E-Verify
p6. Selective service certificate showing Obama using SSN 042-68-4425 and official printout from Social Security Number Verification Services, showing that 042-68-4425 was never issued to Barack Obama, attached e-mail from Colonel Gregory Hollister
p7. Affidavit of Adobe Illustrator expert Felicito Papa, showing that Obama is using CT SSN 042-68-4425 on his 2009 tax returns
p9. Hawaiian birth certificate 61-00637 of Susan Nordyke, born a few hours after Obama in Kapiolani Hospital, looks completely different from alleged copy of birth certificate of Obama
p10. Passport records of Stanley Ann Dunham Obama, mother of Barack Obama, showing Obama listed in her passport under the name Barack Obama Soebarkah, attached affidavit by Chris Strunk, recipient of Obama's passport records under FOIA
p11. Barack Obama's Indonesian school registration card #203, date accepted January 1, 1968, released by the Associated Press in Indonesia, showing him using last name Soetoro and listing citizenship -Indonesia....
Amicus Brief. Mr. Leo Donofrio, Esq.