9 Responses to “GA – Farrar v Obama – Request for letter of rogatory denied”
GeorgetownJD says :
The court lacks jurisdiction. Imagine that.
alg says :
So doesn’t that also mean the court lacks jurisdiction to subpoena out of state witnesses, such as the President of the United States? One wonders why Judge Malihi didn’t also say “the court lacks jurisdiction” in its response to Joblonski’s motion to quash the subpoena.
And, of course, this pretty much unravels any claims that the Judge said he was going to issue a default in favor of the plaintiffs. The judge is still building a record from which to make findings of fact and a recommendation.
alg says :
It is also worth noting that while Ms. Taitz has said nothing on her website about this, she is now complaining about Sheriff Arpaio’s non-appearance. In the Sheriff’s January 23 response to the subpoena, his attorney states that the subpoena “is not valid” and goes on to say his attendance would be “unreasonable and constitutes an undue burden on him.” So attending a hearing in Georgia is a burden on the good Sheriff, but not a burden on the President of the United States?!?
The mind boggles as to why this hearing even took place.
Scientist says :
Oh, the reason the hearing took place is very clear. The Georgia SoS is a Republican and the Governor is a birther, so they needed to throw some raw meat to the base. Legally, the entire hearing is irrelevant, since Georgia law requires that candidates designated by the Democratic and Republican parties must be on the ballot. Period, end of story. Now that he has allowed the birthers to have their circus, the SoS will have no choice but to follow the law. Besides, provoking a big fight would look cheap and petty, and would likely rebound politically against the Republicans.
NBC says :
So doesn’t that also mean the court lacks jurisdiction to subpoena out of state witnesses, such as the President of the United States?
Obama was subpoenaed in Georgia through his counsel. There the issue gets a bit more complex. As the defendant in the hearing, President Obama’s presence could be required, or the Judge my find the defendant ‘in default’. Of course, the poor birthers do not really understand the concept of ‘default’ and that since they introduced the birth certificates, they provided prima facie evidence of President Obama’s eligibility. They basically were hapless tools in the hands of the Jablonski.
It’s funny how poorly informed these birthers are when it comes to issues of law.
NBC says :
What concerns me is that Ms Taitz claimed under the penalty of perjury to the Court in Hawaii that she had been granted commission and a letter of rogatory. Now the Judge in GA ruled that he lacks jurisdiction. What was Orly talking about? She could claim ignorance…
I’ve said it before, but in the original request for letters rogatory and commission, Orly got the statute number wrong and trimmed out the parts of the statute that mentioned that they were only applicable to seeking depositions (and not orders to compel appearance or produce documents) in foreign countries. So perhaps if Fuddy was known to be on vacation in Fiji for a couple of weeks, she **might** have been able request the US Embassy in Suva help her depose Fuddy.
Of course the judge knew this was beyond his authority, but I would have loved to see a Georgia trial court judge with real power to sanction an attorney get his/her hands on a filing by Orly like this that intentionally misstates by omission what the law says.
I have a distinct impression that Malihi now realizes what a mess he has on his hands, and isn’t going to move for sanctions against Taitz so he can get this over ASAP without ever have to deal with her again.
Tomtech says :
Did you know that Hatfield subpoena’s the Georgia SoS and that the current record doesn’t show any replies to that subpoena?
Where is the outrage?
NBC says :
Did you know that Hatfield subpoena’s the Georgia SoS and that the current record doesn’t show any replies to that subpoena?
The court lacks jurisdiction. Imagine that.
So doesn’t that also mean the court lacks jurisdiction to subpoena out of state witnesses, such as the President of the United States? One wonders why Judge Malihi didn’t also say “the court lacks jurisdiction” in its response to Joblonski’s motion to quash the subpoena.
And, of course, this pretty much unravels any claims that the Judge said he was going to issue a default in favor of the plaintiffs. The judge is still building a record from which to make findings of fact and a recommendation.
It is also worth noting that while Ms. Taitz has said nothing on her website about this, she is now complaining about Sheriff Arpaio’s non-appearance. In the Sheriff’s January 23 response to the subpoena, his attorney states that the subpoena “is not valid” and goes on to say his attendance would be “unreasonable and constitutes an undue burden on him.” So attending a hearing in Georgia is a burden on the good Sheriff, but not a burden on the President of the United States?!?
The mind boggles as to why this hearing even took place.
Oh, the reason the hearing took place is very clear. The Georgia SoS is a Republican and the Governor is a birther, so they needed to throw some raw meat to the base. Legally, the entire hearing is irrelevant, since Georgia law requires that candidates designated by the Democratic and Republican parties must be on the ballot. Period, end of story. Now that he has allowed the birthers to have their circus, the SoS will have no choice but to follow the law. Besides, provoking a big fight would look cheap and petty, and would likely rebound politically against the Republicans.
Obama was subpoenaed in Georgia through his counsel. There the issue gets a bit more complex. As the defendant in the hearing, President Obama’s presence could be required, or the Judge my find the defendant ‘in default’. Of course, the poor birthers do not really understand the concept of ‘default’ and that since they introduced the birth certificates, they provided prima facie evidence of President Obama’s eligibility. They basically were hapless tools in the hands of the Jablonski.
It’s funny how poorly informed these birthers are when it comes to issues of law.
What concerns me is that Ms Taitz claimed under the penalty of perjury to the Court in Hawaii that she had been granted commission and a letter of rogatory. Now the Judge in GA ruled that he lacks jurisdiction. What was Orly talking about? She could claim ignorance…
I’ve said it before, but in the original request for letters rogatory and commission, Orly got the statute number wrong and trimmed out the parts of the statute that mentioned that they were only applicable to seeking depositions (and not orders to compel appearance or produce documents) in foreign countries. So perhaps if Fuddy was known to be on vacation in Fiji for a couple of weeks, she **might** have been able request the US Embassy in Suva help her depose Fuddy.
Of course the judge knew this was beyond his authority, but I would have loved to see a Georgia trial court judge with real power to sanction an attorney get his/her hands on a filing by Orly like this that intentionally misstates by omission what the law says.
I have a distinct impression that Malihi now realizes what a mess he has on his hands, and isn’t going to move for sanctions against Taitz so he can get this over ASAP without ever have to deal with her again.
Did you know that Hatfield subpoena’s the Georgia SoS and that the current record doesn’t show any replies to that subpoena?
Where is the outrage?
Nope… Hilarious…