Judge Whacks Obama In Georgia Ballot Eligibility Case, Refuses To Quash Subpoena For Him To Appear In Court
Jan 20, 2012 34 Comments ›› Pat Dollard
A Georgia judge has refused a demand from Barack Obama to quash a subpoena to appear at a series of administration hearings Jan. 26 at which residents of the state are challenging, as allowed under a state law, his name on the 2012 presidential ballot.
WND reported this week when Obama outlined a defense strategy for a number of state-level challenges to his candidacy in 2012 which argue that states have nothing to do with the eligibility of presidential candidates.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued in a motion to quash a subpoena for him to appear at the hearings in Atlanta Jan. 26.
“The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant,” the lawyer said.
Judge Michael M. Malihi, however, took a different view.
“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,” he wrote in his order, released today.
“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,” the judge continued.
“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.’”
Hearings have been scheduled for three separate complaints raised against Obama’s candidacy. They all are raised by Georgia residents who are challenging Obama’s name on the 2012 ballot for various reasons, which they are allowed to do under state law.
It is states, usually through the office of secretary of state, that run elections, not the federal government. The national election is simply a compilation of the results of the individual elections within states.
The schedule for the hearings was set by Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a 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.