Georgia citizens today delivered sworn testimony to a court that Barack Obama is slam-dunk disqualified from having his name on the 2012 presidential ballot in the state, because his father never was a U.S. citizen, which prevents him from qualifying as a “natural-born citizen” as the U.S. Constitution requires for a president.
The historic hearing was the first time that a court has accepted arguments on the merits of the controversy over Obama’s status. His critics say he never met the constitutional requirements to occupy the Oval Office, and the states and Congress failed in their obligations to make sure only a qualified president is inaugurated. His supporters, meanwhile, argue he won the 2008 election and therefore was “vetted” by America.
The hearing was before Judge Michael 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.
Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by California attorney Orly Taitz, who has handled numerous cases concerning Obama’s eligibility; 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.
Several of the attorneys introduced passages from Obama’s own writings that Barack Obama Sr. was his father. They then introduced evidence that the father never was a U.S. citizen, that he was a citizen of Kenya at the time of his son’s birth and was therefore a subject of the United Kingdom.
His father’s citizenship, they said, precludes him from serving as president, since the Founders required that officer to be a “natural-born citizen,” not just a “citizen.”
The term is not defined in the Constitution, but evidence introduced included a passage from a 1875 Supreme Court opinion that states:”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.”
Weldon explained in his presentation that the 14th Amendment granting citizenship did not redefine Article 2, Section 1 of the U.S. Constitution, which includes the requirement for a president to be a “natural-born citizen.”
The attorney argued also that another later court case referenced citizenship in the dicta, not the central holding in the case, and thus was not controlling.
Many of Irion’s arguments were echoed by Hatfield, a strategy that at least one constitutional expert, Herb Titus, said was sound.
Titus taught constitutional law, common law, and other subjects for nearly 30 years at five different American Bar Association-approved law schools. From 1986 to 1993, he served as the founding dean of the College of Law and Government in Regent University in Virginia Beach, Va. Prior to his academic career, he served as a trial attorney and a special assistant United States attorney with the United States Department of Justice in Washington, D.C., and Kansas City, Mo.
He told WND the fact that Obama’s father was a Kenyan citizen should be sufficient.
“That is much stronger than the question of where he was born,” he said. “That alone is evidence. … They don’t need anything additional.”
Taitz argued multiple prongs of the case: that the birth certificate released by the White House is a forgery; that he probably has had several citizenships, such as when he was listed in Indonesia as an Indonesian citizen; and that he’s been known under the names Obama, Soetoro and Soebarkah.
She also had a private investigator, Susan Daniels, testify that it appears Obama is using a fraudulent Social Security number.
Documents and imaging expert Doug Vogt asserted the birth documentation released by the White House was a creation of a software program and not a scan of any original document. That would mean Obama’s documentation, despite what the White House released in April, is still under wraps.
Obama and his attorney boycotted the proceedings, issuing a letter to Georgia Secretary of State Brian Kemp that the judge was letting attorneys “run amok.” The statement came after Malihi refused to quash a subpoena for Obama’s testimony and his records, which effectively was ignored by the White House.
The judge is expected to review the evidence and make a recommendation to the state whether there is reason to be concerned about Obama’s name on the 2012 ballot.
He apparently will have no defense evidence, but Kemp had warned Obama about that.
Kemp said late last night in a response to a demand from Obama’s attorney that he simply order the hearing stopped.
“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.”
WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”
But the judge thought otherwise.
“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.
“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,’” the judge said.
Jablonski also had argued that the state should mind its own business.
“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argued.
The image released by the White House in April:
Obama long-form birth certificate released April 27 by the White House
Titus said, “‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning. Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”
If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is … one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.
“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”