(UPDATED 01.22.12, in text)
(UPDATED 01.23.12, at bottom)
© 2012 jbjd
Sometimes during my forays onto other blogs, I am compelled either by request or necessity to clarify or explain misunderstandings making the internet rounds. But this pernicious misinterpretation merits its own post. First, the ‘chase':
No judge has issued an Order requiring President Obama to appear, all reporting by the AP and web sites quoting the AP; and Orly’s cyberspace victory dance – “I won!!! I won!!!” – notwithstanding.
The comment that first got my attention, posted on CW, included what was ostensibly an email the writer had received from Orly. Having successfully managed to avoid wading into her site for the past several months, I now had to go there to find the ‘original.’ Here it is, in its entirety.
I won!!! I won!!! I won!!! Judge Malihi ruled in my favor. Obama’s motion to quash my subpoena is denied! He has to appear at trial and present all the documents that I demanded to produce in my subpoena! (Note from jbjd: THIS IS NOT A TRIAL! IT IS MERELY AN ADMINISTRATIVE HEARING! The narrow legal question to be answered here isn’t even whether candidate Obama is Constitutionally qualified for President and so may appear on the Georgia ballot; but whether Obama followed the rules set by election officials, to get on the ballot. Know your government. Georgia Office of State Administrative Hearings)
Posted on | January 20, 2012 | 163 Comments
It has been 3 years of 24/7/365 fight. I was defamed, viciously maligned by so many Obots (Obama bots), pro-Obama media thugs, by a few corrupt officials and judges. Recently even people, who claimed to be on my side turned sides and viciously defamed me and attacked me. Among them were Arlen Williams, Dean Haskins, owner of a blog Birther Summit, Bob Nelson-owner of a blog Birther Report or ObamaReleaseYourRecords, Helen Tansey -owner of a blog art2superpac and even attorneys, who should’ve had some professional ethics. Attorneys Gary Kreep and Philip Berg filed insane pleadings, saying that I tried to hire a hit man to kill Lisa Liberi, legal assistant of attorney Berg and kidnap children of a web master Lisa Ostella. It has been 3 years of total nightmare, these people were like a pack of wild dogs attacking me and coming up with each and every accusation in the book. Now I am vindicated. My legal action is with merit. We are going to trial on January 26, 2012. I issued subpoenas. Barack Obama through his attorney Michael Jablonski filed a motion to quash my subpoena and all the other subpoenas. I was attacked yet again in this motion. Judge Malihi just issued an order. Motion to quash my subpoena was denied. Barack Obama, President of the United States will have to appear in court on January 26 and comply with my subpoena and produce all the documents, that I demanded. Interesting, that two other attorneys are representing plaintiffs on similar matters: Van Irion and Mark Hatfield. They could have an opportunity to examine Obama with me, however either because I was maligned so badly or because they were scared to press the most explosive charges, these attorneys filed motions for their cases to be severed from my case. Their motions were granted. Irion’s case will be heard first. He stated on the record, that his case will take only 10 minutes and will be limited to ascertainment if Obama is legitimate based on the precedent of Minor v Happerset. Obama will not be answering any of his questions. Second will be a case presented by attorney Hatfield. He, also, severed his case and did not issue any subpoenas. In his motion to sever he stated that he did not want to be joined in the same complaint with me, because he did not want to be part of a case, where I brought forward allegations of elections fraud and social security fraud committed by Barack Obama. Hatfield was saying that he was afraid that his clients will be prejudiced by such explosive allegations. Yesterday, after I filed an opposition to motion to quash, attorney Hatfield tried to follow suit by filing a notice to appear, however notice does not have as much of a force as a subpoena and I do not believe Obama will be complying with a notice, particularly since Hatfield’s complaint does not entail the same charges as mine. My case will be heard third. My case will not be limited to definition of natural born based on a case Minor v Happersett. I will be also presenting a case, showing that elections fraud was committed by Barack Obama, that he is using a forged birth certificate, stolen or fraudulently obtained Social Security number and that there is no evidence to believe that the last name he is using is legally his, due to the fact, that in his mother’s passport he goes under the name Soebarkah and in his school registration in Indonesia he went by the last name Soetoro. There is no evidence of legal change of name.
I wanted to thank people who helped me along the way with donations, who did not stick a knife in my back, like the ones mentioned before. I am asking my supporters to donate to this work, as I am paying for airfare and hotel of witnesses and a number of other expenses. Also, if you are a CA Republican please, download my nomination for the US Senate and sign and circulate it.
nomination papers (link omitted by jbjd)
Make no mistake about it. This is the beginning of Watergate2 or ObamaForgeryGate. I believe this is the second time in the U.S. history a sitting President is ordered to comply with a subpoena, and produce documents, which might eventually bring criminal charges to the President and a number of high ranking individuals.
I feel extremely proud to be a part of this historic moment. I guess an American dream is still alive, as this subpoena was issued by an immigrant, who was raised in a communist dictatorship of the Soviet Union and came here with one suitcase with a couple of dresses, who had to study English, to study law at night, while working as a dentist and raising a family with 3 children. Only in America is this possible.
Dr. Orly Taitz, ESQ
So many of her statements triggered automatic internal rebuttals that I could have written volumes before making the record clear. But, even before creating “jbjd,” I had written numerous comments on others’ blogs explaining that if Obama becomes the D nominee for POTUS the only way to keep him out of the WH is to keep his name off the ballot. (I posted my epiphany on NoQuarter the first week in August 2008.) So, I knew what to write first.
Here is the response I posted on CW.
I set up my blog at the end of August 2008. One of the first posts instructed citizens, the only way to keep Obama’s name off the ballot if he takes the D nomination; was to challenge his eligibility in those states that require candidate eligibility to appear on the ballot.
GA is one of those states. And, I know that Orly has known since back in 2008 that GA is one of those states because, at that time, I told her. That is, I published a memo in which I proposed there are 2 ways to keep Obama out of the WH. First, of course, was the ballot challenge; and I specifically mentioned GA.
For example, here is the requirement to get onto the general election ballot in the State of GA, under the Official Code of GA Annotated (O.C.G.A.), §21-2-5, Qualifications of candidates for federal and state office; determination of qualifications. “Every candidate for federal and state office who is certified by the state executive committee of a political party … shall meet the constitutional and statutory qualifications for holding the office being sought.” (Note: President, U.S. Senator, or U.S. Representative are federal offices.) This means that, according to GA law, when the state Party chair submits the Party nominee to the Secretary of State (“S of S”) to be put onto the general election ballot, that nominee must be eligible for the office sought. But there is no corresponding GA law that says the S of S receiving this paperwork from the state Party chair must verify this eligibility. Under that same law, the State of GA set up a mechanism by which voters may file a challenge with the S of S questioning the eligibility of a candidate to appear on the ballot; and for the S of S to initiate such a challenge on her own. “The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate.” But again, the operative word here is “may.” In other words, even in a state like GA, one of the few states with laws that provide for a mechanism for voters to challenge a candidate’s eligibility to get onto the general election ballot, no law requires the state to investigate the candidate based on that challenge. (Notice that technically, even GA law does not confer power on the S of S to determine whether any candidate is eligible for the office sought but only to determine this: whether he is eligible by virtue of satisfying the requirements of the office sought to get onto the general election ballot.)
It was this memo, which also included the idea of a complaint filed under the Federal Declaratory Judgment Act, using National Guard Plaintiffs; which first attracted Orly’s attention to my work, and triggered our short-lived collaboration, during which time I drafted the military complaint; and intervened at the request of a soldier who had been trying unsuccessfully to get her to withdraw the waiver he signed to join that complaint. .
So, more than 3 wasted years and countless squandered dollars in contributions and who knows how many frequent flyer miles later; she decided to take my advice and challenge the qualifications of a candidate for office in a state that only allows to be printed on the ballot the names of those candidates qualified for the job. And, given this legal route of redress, she would have you believe, the court has endorsed her methodology.
Further, based on this demonstrated pattern of out-of-control spending and prolongued failure to heed sound legal advice; evidently, she now feels worthy of soliciting your support for the U.S. Senate.
“Humbly”? Yeah, right..
P.S. Of course, this in no way means, I agree with either the substantive case she has brought in GA or, her ‘take’ on the (seeming) success of her case. In the end, she will fail in this effort as always. Please, keep in mind, in real life logic, failing to quash Plaintiff’s requested subpoena for Defendant to appear is not the same as Ordering Defendant to Appear, especially in this case, where the judge specifically wrote, Defendant had merely failed to cite to any sound legal reason the subpoena should not be allowed.
Some readers required further clarification of the true meaning of the court’s latest action in GA.
The GA election code requires that only candidates qualified for the job may have the state print their names on the ballot. The law allows citizens to contest the eligibility of candidates to the SoS and then, to an administrative law judge. (In other words, the process addresses whether the administration of the ballot eligibility law has been followed.) The Plaintiffs, represented by Orly, filed a ballot challenge with an administrative law judge arguing Defendant Obama is ineligible to be POTUS. They issued a subpoena – remember, this is the document they downloaded off the GA court web site but then ‘indicated’ was actually issued by the court – to Defendant Obama, requiring him to appear and answer questions. Under normal circumstances, if a Defendant served by Plaintiff with a subpoena, refuses to comply with the request; the Plaintiff may then ask the court to sign an Order compelling whatever the subpoena requires. Obama’s local (GA) attorney received the subpoena and submitted to the court a Motion to Quash, thereby asking the court not to allow Plaintiff’s subpoena. If granted, this would mean, Orly could not in the future compel such compliance. Orly awaited the judge’s ruling on Defendant’s motion, taking no further action, such as filing an Opposition to Defendant’s Motion to Quash; to advance her position. The judge ruled to reject Defendant’s motion on the narrow specific grounds that he had failed to provide sufficient (read, any) legal precedent or citations to support his motion. (Thus, in effect, by doing absolutely nothing, Orly succeeded for the first time in getting a ‘court’ ruling prolonging her case instead of ending it on the spot.) (UPDATE 01.22.12: I have now found an Opposition to Motion to Quash, dated January 19. However, I find no evidence this was either received or considered by the ALJ before he Denied Defendant’s Motion; and the Denial fails to mention or address Plaintiff’s Opposition.)
In other words, this administrative law procedure is several steps away from producing an Order to appear, Orly’s misrepresentations and cyberspace victory dance – “I won!!! I won!!!” – notwithstanding.
I pointed out to another commenter that considering both law and circumstances; a ballot challenge in SC likely would have had a far greater chance at success.
I absolutely agree, a correctly framed ballot challenge can be successful. But SC would have been the easiest state in which to launch such a challenge. As I have been writing for a couple of years now, primary candidates in that state are submitted to the election commission by the state party, which also certifies explicitly, in writing, the candidates are qualified for the job. In other words, there, the question to the court would have been, the party has failed to provide a basis for such certification. (Recall that, in 2008, the then party treasurer hand-delivered the primary names to the election commission, which refused to accept the list because it lacked that certification. So, she whipped out her pen and, on the spot, certified the candidates’ qualification!) http://jbjd.org/2009/10/10/if-it-looks-like-a-duck/
P.S. It’s still not too late to question the submission of his name as the D party nominee, to the general election ballot in that state!
I am composing a special letter to all the VFW posts in our state, as well as other states making all of this known and the most recent progress of Orly. Hopefully some of them will see fit to make contributions. I have provided both her California postal address,and her website as well. Lets see what our vets think!
This intentional marketing of Orly’s defective work product, especially to veterans, prompted my more personalized response.
You just don’t get it.
The vet who contacted me had been trying to get Orly to destroy the representation agreement he had signed to become a Plaintiff in the military complaint she intended to file. Having re-read the language of her agreement, he realized, he opposed the extreme sentiments she had expressed and was quite concerned that by signing that agreement, he was exposing himself to serious legal (read, criminal) liability. Of course, he was absolutely right to be afraid. In fact, I had already objected to the wording in her release. Leo also urged her to recall that release on the grounds of this inflammatory language. Further, I had urged that only National Guard troops subject to recall, join any lawsuit, because until called up, they were not subject to the UCMJ (Uniform Code of Military Justice) and could not be disciplined for questioning Obama’s Constitutional eligibility. She chose to use other Plaintiffs. (She and I seldom agreed on anything.) Anyway, frustrated that he had been unable to get her to destroy his previous signed agreement; he asked for my help getting through to her. I contacted her; and she quite flippantly and, with an air of disgust, replied, ‘What does he want now?’ I hit the roof. He was the Plaintiff, not her; and he was the member of the military her words had placed in jeopardy. I got her to pull his release; and that’s the last time we collaborated on anything.
That you would solicit money for this charlatan evidences a blind faith not sustained by the record.
Perhaps not surprisingly, mimicking the response of so many of Orly’s acolytes, he became angry at reading the truth and then, directed his anger at me because I wrote it.
UPDATE 01.23.12: I found this comment posted 3 years ago, on another blog; supporting my claims that I assisted a veteran in withdrawing the problematic release he had signed to become a named Plaintiff in Orly’s version of my military complaint.
- daddynoz said…
I failed to previously identify the individual I have been conferring with regarding my concerns and intent to rectify the current constitutional crisis. The fellow’s name is “jbjd” (unfortunately I do not know his actual name). He has helped me as if he were my priest or bartender; he’s listened to my reservations regarding potentionally seditious or disloyal language found in a related complaint, addressed my questions of what the actual standing was (while considering what I thought it might be), and looked out for my welfare related to possible repercussions from military authorities.http://jbjd.wordpress.com/
- January 30, 2009 11:38 PM