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Tue Jan 24, 2012, 05:12 AM

The Judge in Georgia has NOT ordered President Obama to appear in court

Widely-reported misinformation on Georgia hearing


I was very surprised to see news organizations repeating birther nonsense, such as in this article: President Obama Ordered To Hearing In Atlanta About His Citizenship at the WFMY TV News web site. (The article doesnít support the headline, by the way.) The respected Columbus Ledger-Enquirer echoed the same idea in article by Chuck Williams

A Georgia judge has ordered President Barack Obama to appear in court in Atlanta Thursday for a hearing on a complaint that says Obama isnít a natural-born citizen and canít be president.


Itís totally bogus. Orly Taitz got a blank subpoena form signed by Judge Malihi from a State web site and served it on Obamaís attorney. While the Judge has so far refused defense motions to quash the subpoena, the Judge has not issued any order for Obama to appear, nor could he. An administrative law judge in Georgia lacks the authority to compel testimony; that takes an order from the Superior Court.

I am very disappointed that the media would repeat birther nonsense like this. Even the birthers are backing off from this rumor.

SNIP
http://www.obamaconspiracy.org/2012/01/widely-reported-misinformation-on-georgia-hearing/

================

Related...

* * * * * The judge has NOT issued an 'order' * * * * *

See comments on the links below

Comment #12: http://www.democraticunderground.com/1002209438#post12

Comment #21: http://www.democraticunderground.com/1002209438#post21

Comment #14: http://www.democraticunderground.com/1002206927#post14


p.s. Many news agencies have gotten the facts wrong and have spun the story into something it is not.

Please help to get the TRUTH out - especially to even the DUers that might not have heard the facts, thanks


18 replies, 5070 views

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Arrow 18 replies Author Time Post
Reply The Judge in Georgia has NOT ordered President Obama to appear in court (Original post)
Tx4obama Jan 2012 OP
dipsydoodle Jan 2012 #1
lillypaddle Jan 2012 #2
no_hypocrisy Jan 2012 #3
COLGATE4 Jan 2012 #4
tanyev Jan 2012 #5
fredamae Jan 2012 #6
Adelante Jan 2012 #7
klook Jan 2012 #14
Hawkowl Jan 2012 #8
FedUp_Queer Jan 2012 #11
Hawkowl Jan 2012 #13
FedUp_Queer Jan 2012 #15
slimpickins Jan 2012 #17
Ikonoklast Jan 2012 #18
jwirr Jan 2012 #9
bathroommonkey76 Jan 2012 #10
xocet Jan 2012 #12
Scurrilous Jan 2012 #16

Response to Tx4obama (Original post)

Tue Jan 24, 2012, 05:19 AM

1. Thanks for the effort in finding that.



K & R.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 05:28 AM

2. K&R n/t

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 07:22 AM

3. How could a judge sign a blank subpoena?

Unless the signature is forged.

Or if the judge DID sign a blank subpoena, s/he would be facing sanctions, perhaps impeachment.

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Response to no_hypocrisy (Reply #3)

Tue Jan 24, 2012, 07:30 AM

4. It's not that uncommon,

particularly in Administrative Law cases. It depends on the size of the court and depends on the conduct of attorneys as Officers of the Court to not abuse it - as has clearly been done here.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 08:33 AM

5. Can Orly get in trouble for that?

Doesn't sound egzackly legal.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 09:02 AM

6. I wonder if orly can be charged

under stalking and/or harassment laws?
Pres Obama Has provided anything and Everything any other person would/could/should have to Prove his birth was in fact IN the US.

This is Well "beyond the beyond" at this point.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 10:12 AM

7. Details

Sorry to pimp my own blog, but here is some useful information in responding to this insanity around the Internets.

http://ohforgoodnesssake.com/?p=20882

I hope it helps.

Thank you.

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Response to Adelante (Reply #7)

Tue Jan 24, 2012, 03:24 PM

14. First time I've seen your term "Birfistan"

Very clever!

Thanks for the link to your blog.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 11:57 AM

8. Separation of powers

 

Judges have no authority to order the President to appear in a court. Only Congress has the right to impeach the President.

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Response to Hawkowl (Reply #8)

Tue Jan 24, 2012, 12:52 PM

11. In one of the stupidest decisions of all time...

 

The Supreme Court in Clinton v. Jones ruled that a person can bring a civil law suit against a sitting president for acts prior to his taking office and does not interfere with his duties as president. The Court ruled 9-0 that such a suit could go forward. Consistent with that, there is no legal problem with sending a subpoena to the president in this matter. Impeachment and suing are separate things. Was the Supreme Court wrong-headed and stupid when it did that? Sure as hell was. Is that the law of the land? Sure as hell is.

Who can actually sign a subpoena has always struck me as a weird thing. I, as an attorney in New York, can sign a subpoena compelling someone's testimony...without judicial approval. That always struck me (and continues to strike me) as odd. There is nothing against a general authority to subpoena the President (given the decision surrounding the Jones decision). However, is that a dumb decision? Yeah...I think a person should have to wait until a president leaves office to bring a civil suit. As we saw with the Paula Jones debacle, it's too damn distracting. This Orly Taitz crap seems worse.

Here's a wiki-blurb on the subject. http://en.wikipedia.org/wiki/Clinton_v._Jones

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Response to FedUp_Queer (Reply #11)

Tue Jan 24, 2012, 03:22 PM

13. Interesting

 

I wasn't thinking about civil actions.

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Response to Hawkowl (Reply #13)

Tue Jan 24, 2012, 03:53 PM

15. When you read the Court's ruling

 

you have to wonder where they were living to make such statements.

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Response to Hawkowl (Reply #8)

Tue Jan 24, 2012, 07:49 PM

17. not trying to impeach

 

The judge does however have the authority to uphold and enforce Georgia state voter law, which he IS doing. No suit has been brought, this is simply a Georgia man exercising his right to verify a candidates eligibility before he goes on the ballot. The judge has merely upheld the law, and denied the attempts made by Obama's lawyers to have the case thrown out. Simple as that.

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Response to slimpickins (Reply #17)

Wed Jan 25, 2012, 03:46 AM

18. I guess you are not only completely wrong, but also no longer among the living.

Muerte by MIRT.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 11:59 AM

9. Is what orly did a crime? It should be.

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 12:07 PM

10. Did you contact WFMY? n/t

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 03:03 PM

12. Thanks for taking the time to correct the false impression that the other stories generated. n/t

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Response to Tx4obama (Original post)

Tue Jan 24, 2012, 06:16 PM

16. K & R

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