Skip to comments.Apuzzo Weighs in on Obama Subpoena and Consequences
Posted on 01/23/2012 5:45:40 AM PST by jdirt
The subpoena issued to Obama comes from an administrative court rather than a law court. A court-issued subpoena has the authority of a court order whether it comes from a law court or an administrative one. Obama just happens to be the President now and would have to take time out of his official schedule to honor the subpoena. Nevertheless, Obama is subpoened as a private individual, not as the President. Does Obama have to honor the subpoena? The only way to get out of honoring a subpoena is to have it quashed on a motion to quash. Obama tried that and it has so far failed. He can attempt to file a motion for reconsideration. But until the court changes its mind, he must honor the subpoena and here is why. It is beyond dispute that there is in fact, a public obligation to provide evidence, see United States v. Bryan, 339 U. S. 323, 339 U. S. 331; Blackmer v. United States, 284 U. S. 421, 284 U. S. 438, and that this obligation persists no matter how financially burdensome it may be. Footnote 10″ Footnote 10 [I]t may be a sacrifice of time and labor, and thus of ease, of profits, of livelihood. This contribution is not to be regarded as a gratuity, or a courtesy, or an ill-required favor. It is a duty not to be grudged or evaded. Whoever is impelled to evade or to resent it should retire from the society of organized and civilized communities, and become a hermit. He who will live by society must let society live by him, when it requires to. 8 J. Wigmore, Evidence § 2192, p. 72 (J. McNaughton rev.1961). Hurtado v. United States, 410 U.S. 578, 589 (1973). This is one case among the many on
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We need to keep this in the news as best we can. Viral would be best. Thanks for your work on this issue.
Obama will be in Las Vegas Fund raising.
It’s a matter of priorities for him, and fund raising is a top priority.
Of course we will be flying himout there.
Obama has more flight time than any President before him.The next President will need a new plane , this one must be worn out by now. I would bet the crews are worn out.
As a Maryland attorney, I can tell you there is a big difference between subpoenas issued by an administrative court and a court of law. The former aren’t enforceable by the administrative body. Essentially, the administrative body has no enforcement apparatus. In order to have a subpoena enforced in Maryland, the administrative body must make the request to a court of law.
I applaud those who are fighting this battle but it’s not only far from over it is also far from being heaed on the merits.
All three would send a message not to mess with We the People.
If he doesn’t show can’t the judge rule for the other side?
Basically, the situation is one of Obama must proactively do something to remain on the ballot, as opposed to the normal stonewall tactics that have deferred any action on "birther" suits to date.
The other important thing to note is that there’s every indication that this legal hearing IS going to take place with or without Obama’s presence. As such, the Minor definition of natural-born citizen is going to be presented, hopefully in a fashion that finally makes it clear that the legal precedent of the highest court in the land excludes Obama from being Constitutionally eligible for office. All Obot hell is going to break loose after this hearing is conducted.
You are correct. The judge cannot compel Barry to the courtroom but he can keep him off the ballot and I feel fairly sure that is what will happen. Nobody in power in GA is going to fight this as we have almost a GOP super majority in both state houses and a consevative GOP governor and Sec State and AG. So in GA it sucks to be Obama.
If he is removed from the GA primary ballot, does it follow that he is removed from the GA prisidential ballot?
If Barry is not deemed eligible he cannot run for office in the state of GA period. So I say let him ignore the judge and he doesn’t get on the GA ballot. A win win.
I want to ask people on this board. Is there someone here who is interested in astrology? Does Barack Obama look like a typical Leo to you? To me, he doesn’t have the typical look of a Leo - cat-like eyes or facial expression. Of course, I am not that experienced in astrology, and would not bet any money on it. But I don’t find it completely implausible to imagine that he WASN’T born on the 4th of August.
The judge can only make a recommendation based on his findings. It will be up to the Georgia Secretary of State to make the decision of whether or not Obama is on the ballot.
I'd say no, since that's another election. Depends a lot on the ruling -- if he's explicitly ruled not eligible, he'll have to fight that to get on the November ballot. If the judge simply grants the plaintiff's relief based on essentially a no contest ruling, they'd probably have to re-file a suit to block him from the general election.
>>...The judge can only make a recommendation based on his findings. It will be up to the Georgia Secretary of State to make the decision...<<
While that is true, I can not imagine *any* plausible scenario where the Judge advises the SOS that Obama is ineligible, and the SOS puts him on the ballot anyway.
If the Judge says he is ineligible, smart money says you won’t see Obama’s name on a GA ballot, unless he’s written in by a voter.
So he's taking the ball and leaving the court with a big puss on his face, passive aggressive flamer that he is.
Answer me this, counselor.
So Obama tells the court to “take a Dudley.”
The court reports to the Georgia Secretary of State, a conservative Republican, and the Secretary of State simply removes Obama’s name from the STATE ballot.
Are you suggesting the state has no power here?
I’m not a lawyer, but I stayed an a Motel 6 last night.
Obama is a pussy, not a lion.
Re: “It will be up to the Georgia Secretary of State.”
And he’s a conservative republican.
Oh, and the sitting governor is a Birther!
That's where I get worried.
I think Obama's fallback position is to ignore the judge, whatever he rules, and then use the full force of the Presidency (and all his Chicago sub-specialties) to put pressure on the Georgia Sec State and Governor to be included on the ballot anyhow.
So far, Obama's ability to delay, deflect, sidetrack and quash any legal challenge before it gets to the discovery stage has been positively Houdini-like. So much so that I am pretty certain that, out of sight, there are some hard-faced men and women who get up close and personal with judges to make sure they make "wise" decisions.
So... even if the court recommends exclusion from the ballot, it doesn't necessarily follow that it will happen. I hope it does, but I won't bet money on it.
You’re talking about a default? You could have that on the merits or the preliminary/discovery issues or both. Here, it looks like BHO could file a Motion for Reconsideration, seeking the admission of the latest “long form” certificate. This is speculation on my part.
Gotcha, affirmative obligation to produce evidence in support of eligibility. I would assume BHO would attempt to satisfy is burden of production here with the latest long form, via a motion for reconsideration?
The dilemma for BHO is that the submitted document would then be open to scrutiny.
We’re talking two separate issues: enforcement of an administrative subpoena v. eligibility. Regarding the latter, I would absolutely agree that the State of Georgia has that right. Regarding the former, I have a lengthy, tortuous history of personally seeing subpoenas ignored for want of enforcement.
So, Team Obama ignores the subpoena, and Georgia removes Obama from the ballot.
Game — set — match!
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