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Obama subpoenaed in Indiana case

I was being snarky when I wrote just a little while back in my article “The testimony of three witnesses” about Orly Taitz confirming witnesses to appear on October 22 at the trial in Taitz v. Elections Commission, “I doubt that Barack Obama has confirmed.”

As someone commented to me just last week: if you have a room full of lawyers figuring what Orly Taitz will do next, she will do something completely unexpected. Perhaps trying to subpoena the President is not completely unexpected. She did it last time around in Georgia. The Georgia administrative law court had no authority to enforce any subpoena. The Superior Court in Indiana can enforce one in Indiana, but not in Washington, DC. But we have a subpoena in any case [link to Taitz web site]. (I think a check mark is missing.)


The subpoena was sent to two attorneys who have represented President Obama in the past, Michael (empty chair) Jablonski in Georgia and Kip Wainscott, Counsel & Director of Delegate Operations at Obama for America. I don’t know if either actually represents Barack Obama today. I got the impression Orly served the subpoenas by email.

I have no idea what will happen. This is like watching a train wreck in slow motion.

Orly’s new BFF, the Appeal and the ES of TRA

It looks like Orly has a new BFF in the Monroe County Tennessee Jail frequent flier, Walter Fitzpatrick III [link to Taitz site]. Walter sent her a gushing endorsement. I wonder if her opponents in the Republican Senate race in California can turn it against her? Probably not without some money.

Orly is tentatively on the calendar for the Supreme Court of Georgia in the Farrar case. Oral arguments will come in June, assuming it gets that far. Check back on that link for the actual date. Jablonski is the empty chair for the defense.

Finally, Mississippi is burning with curiosity about Orly’s “secret witness.” She says:

“Great news! While Arpaio and Zullo are still stonewalling, an important new witness with personal knowledge ageed (sic)to testify in MS. I will need to pay for his expenses of hotel and airfare and will appreciate donations es of tra.” Someone speculated that the witness is Tim Adams, but I sincerely doubt that Orly will get to call any witnesses at the upcoming hearing, April 16. I doubt that it’s Tim Adams because a) he doesn’t have any personal knowledge, b) I think he’s too smart to perjure himself and c) he wants to put this behind him. My guess is Mark Gillar who produced the Cold Case Posse videos.

Orly comments about Mike Zullo’s refusal to show up in Mississippi:

There is no legitimate reason for Arpaio or Zullo not to appear in court and state: yes, I confirm under the penalty of perjury what I said in press conferences. I can’t believe there are still people who are so brain dead as to not understand something that simple.

Orly (who has never gotten that far in court) may not be aware of the fact that the defense gets to examine the witnesses under oath too. Zullo would never submit to that willfully.

The empty chair advantage

Sometimes I wonder if Obama is playing the birthers like a cheap violin

I don’t spend much time reading liberal sources and watching liberal commentators, so I can’t characterize them, but at least in anecdote I can report a theme, and that is that the birthers are good for Barack Obama.

One example is the Martin Bashir program on the Arpaio Cold Case Posse investigation of Obama on MSNBC that I linked to previously. On that program, commentator Goldie Taylor said:

I’ve heard a lot of my colleagues call this the “politics of otherness.” This is just their way of calling the President something else, like “Muslim,” like, you know, “illegal immigrant.” … So they can get around saying what they want to say, and that word we won’t use on this television today. This is just a cover for their own bigotry. …

You know what I love about it? What I love about it is that it’s going to remind people there there is a reason to go to the polls this fall. I think that this is a bad miscalculation on their part, if they believe that they can whip up, that they can incite this kind of hatred, push this kind of bigotry, and that the American people won’t respond.

Each time I hear this sort of thing my knee-jerk reaction is that it is just self-serving rhetoric – spin if you will. However, I am reconsidering the possibility that encouraging birtherism may actually be part of the Obama re-election campaign strategy, exactly as Karl Rove described it:

This is the White House strategy. … The President can come out and say “here are the documents.” But they’re happy to have this controversy continue because every moment the Conservatives talk about this, they marginalize themselves and diminish themselves in the minds of independent voters.

What got me thinking about this was what Obama and Democrat attorneys have done, or more accurately what they have not done in defending recent ballot challenges. What they could have easily done was to submit a certified copy of the President’s birth certificate (the short form). Instead, in Georgia supposedly an uncertified copy of the long form was sent to the Secretary of State, and a hyperlink to a web page containing the form was submitted in Mississippi. This, along with Jablonski’s non-appearance in Georgia and the empty chair in Indiana could be viewed as egging the birthers on. It was only when people started taking birthers seriously did the White House respond, as it did last April when it released the long form birth certificate.

The examples I have cited are a long way from sufficient evidence of an intentional Obama campaign strategy of nurturing birthers just enough to use them to discredit conservatives in general, but in the future I’ll not be dismissing such claims as just rhetoric.

Jablonski strikes back

Georgia State flagObama’s attorney in Georgia, Michael Jablonski, earned some good natured praise for winning a series of eligibility lawsuits in Georgia by not showing up, and adding “The Jablonski Empty Chair Technique”® into our vocabulary.

That’s all good fun, but now the decision of Georgia Secretary of State Kemp has been appealed to the Superior Court in Fulton County and everybody has to get serious. Once again the 4 cases have been moved to a single judge (Hon. Cynthia D. Wright) and Jablonski has move for dismissal in the Farrar case (and has or presumably will in the others).

There are two theories at play in the various cases. One is the identity theft, social-security fraud, Indonesian adoption scenario of Farrar (et al.), and the natural born citizen definition issue raised by Swensson (et al.) Jablonski succinctly1 responds to the Farrar case in a 7-page, heavily footnoted Brief in Support of Respondent’s Motion to Dismiss (embedded at the end of this article).

Please note that I am not including every detail raised in the Brief, only a survey.

Jablonski sets the scene by reciting in footnotes (almost 2 pages worth!) a litany of cases challenging Obama’s eligibility that have been rejected by the courts, cases in Georgia and in Federal Court, representing them as harassment and politically motivated. He cites two cases in support of Obama’s eligibility; one is the familiar  Ankeny v. Governor of Indiana and a new one, United States v. Marguet-Pillado, 748F.3d 1001,1006 (9th Cir., 2011). Marguet-Pillado was a case of a person born outside of the United States to one US citizen parent. The Circuit Court in that case stated that as a matter of law someone born outside the United States to one citizen parent was a natural born citizen.

Jablonski then requests that the suit be dismissed on three grounds:

  1. Lack of subject matter jurisdiction
  2. Failure of service
  3. Failure to state a claim upon which relief can be granted

Continue Reading →

Secretary of State–Synagogue of Satan: You say tomato…

imageThe Birthers have found a tabloid that will print things even WorldNetDaily wouldn’t touch. It’s, a web site in Russia. Their English section has been home to American commentators Mark McGrew and Sam Sewell. McGrew has written something really bizarre that appeared in today’s edition of titled: Georgia’s SOS Synagogue1 of Satan Brian Kemp. Wowzers! McGrew weaves quite a story from which I excerpt:

Brian Kemp is not an ignorant man. But he is a stupid man. All dishonest people are stupid. The reason they cheat is because they are too stupid to win by playing by the rules.

Brian Kemp aligned with a bad ruling. The word "bad" in this story, in ancient times meant "evil". God was good, Satan was evil. God’s advice and work was good. Satan’s advice and work was evil.

The Synagogue of Satan is the collective body of bad people. We call it the SOS. It is an evil mind set that is in all cultures across the world. If a person is evil he is a member of the Synagogue of Satan. In this article SOS means only Synagogue Of Satan.

SOS Brian Kemp took the side of a bad decision made by an obviously evil man, Michael Malihi. He based his decision to side with Michael Malihi on the facts: 1. The Obama attorney presented NO EVIDENCE to prove Obama was eligible to be on the Georgia ballot which is the law in Georgia. The applicant is required by law to prove he is eligible. 2. The Obama attorney did not even show up to court, as ordered by a legally issued subpoena.

The crazy runs strong…

I will give McGrew credit for bringing to light one useless fact that I didn’t know. Obama’s attorney in Georgia, Michael Jablonski, is a member of Kemp’s 15-member Election Advisory Council. However, one can hardly be surprised that the counsel for the Democratic Party of Georgia would be on the state’s Election Advisory Council.

McGrew leaves some good parting advice:

When you read an article in some publication and you see people in the comment section lying, posting false information or harassing other posters, just put their name in the SOS list and ignore them. Let them rant all they want. Just ignore them and they usually get hysterical, just like any 5 year old spoiled brat. It’s actually quite fun to watch!

That agrees with something Sterngard Friegen said at the Fogbow:

I was very much hoping this would stay the Georgia thread, so I exercised the Jablonski Empty Chair Technique®, stayed away from posting anything, and mirabile dictu the highjackings all went away.

Wondrous things the Jablonski Empty Chair Technique® will do.

1The term “synagogue of Satan” comes from the Bible, Rev. 3:9.