*UPDATE: The ruling on this matter is in.
*UPDATE: Sheriff Joe Arpaio’s investigation results will be revealed March 1, 2012.
Though Hillary Clinton rarely gets the credit anymore for it, she was the ‘mother’ of the ‘birther’ movement. While many people know the “birther” movement as one challenging President Obama’s birth certificate and birth place, there is another aspect of it that often gets overlooked. This aspect is that of him meeting the ‘natural born’ clause of the Constitutional requirement to be president.
When John McCain’s eligibility was challenged during the 2008 campaigns, Congress, including Hilary Clinton and Barack Obama, declared he was “natural born” and eligible due to him being born of two American citizen parents. Barack Obama, himself, by his own admission, does not meet this criteria because his father was a British subject. This is backed up by the birth certificate he produced April 27, 2011.
The matter of the president’s eligibility for the office which he holds and to appear on election ballots has been filed in courts before, but always with the same result: denial of a hearing. Until now. Not only has Deputy Chief Judge Michael Malihi agreed to hear the Georgia state ballot eligibility case, but he has denied Obama’s request (via his attorney) to quash the subpoena for him to appear and produce all relevant documents.
The hearing began at 9:00 a.m. ET on Thursday, January 26, 2012 and is being streamed live by at least three different websites, which will be providing “gavel to gavel” coverage. Coverage may be viewed on the websites of Article II Super PAC, Birther Summit and Art2SuperPAC.
Early reports were that President Obama was going to refuse to obey a subpoena to be present will all requested documents and that his attorney Michael Jablonski. Such action could lead to him being found in contempt of court.
By the time the hearing began, it was clear the president would not be in attendance. After the judge refused to quash the subpoena demanding Obama appear at the hearing, Obama, through his attorney, sought relief from Georgia Secretary of State Brian Kemp the evening before the scheduled hearing, in order to bypass the judge’s ruling and “take the trial away from the judge.”
This tactic failed, with Kemp responding that
“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.”
Kemp went on to add
“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.”
Obama’s claim that he is too busy to attend and that attending would “interrupt his duties” is in stark contrast to his schedule, which contains record-setting numbers of days of vacationing and golf, as well as several days, during the course of the hearing, of campaign trail stops across the country.
Whether you agree with the challenge to his eligibility or not, this trial should prove to be an interesting one. If he is found to be ineligible in Georgia to be on the ballot because he does not meet the Constitutional requirements to be president, how many other states will follow suit? Will it be a clear Red state/Blue state issue, or will all states find themselves compelled to obey the law of the land?
Will Congress remove him from office or will they fight to keep him in? What do YOU think will happen, if he is found ineligible? If he is found ineligible he will likely not only appeal the ruling, but sue Georgia, given his track record of suing states that challenge him on anything, even no no hair removal reviews.