ATLANTA — A judge has ordered President Barack Obama to appear in court in Atlanta for a hearing on a complaint that says Obama isn't a natural-born citizen and can't be president.

A Georgia resident made the complaint, which is intended to keep Obama's name off the state's ballot in the March presidential primary.

Deputy Chief Judge Michael Malihi on Friday denied a motion by the president's lawyer to quash a subpoena that requires Obama to show up.

Judge Malihi is no rookie: he has served since 1995 as a Judge on the Georgia Office of State Administrative Hearings.

The Judge has previously ruled in political campaign residency cases, including a finding in 2006 that Democratic Senate candidate Mell Traylor was not a resident of Senate district 1 in the Savannah area. Traylor was challenging Republican Sen. Eric Johnson at the time. Judge Malihi’s ruling was upheld and Traylor was disqualified.

Defendant's motion suggests that no President should be compelled to
attend a Court hearing. This may be correct. But Defendant has failed to enlighten the Court
with any legal authority. Specifically, Defendant has failed to cite to any legal authority
evidencing why his attendance is "unreasonable or oppressive, or that the testimony... [is]
irrelevant, immaterial, or cumulative and unnecessary to a party's preparation or presentation at
the hearing, or that basic fairness dictates that the subpoena should not be enforced." Ga. Comp.
R. & Regs. r. 616-1-2-.19(5).

Originally posted by Iamonlyhuman
This excerpt from the Judge's Order on Motion to Quash Subpoena:

www.art2superpac.com...

Defendant's motion suggests that no President should be compelled to
attend a Court hearing. This may be correct. But Defendant has failed to enlighten the Court
with any legal authority. Specifically, Defendant has failed to cite to any legal authority
evidencing why his attendance is "unreasonable or oppressive, or that the testimony... [is]
irrelevant, immaterial, or cumulative and unnecessary to a party's preparation or presentation at
the hearing, or that basic fairness dictates that the subpoena should not be enforced." Ga. Comp.
R. & Regs. r. 616-1-2-.19(5).

Obama: I'm President and I don't have to do anything I don't want to.

Judge: Sorry, that's not good enough, sir. Motion to quash is denied.

edit on 21/1/2012 by Iamonlyhuman because: (no reason given)

Judge Malihi’s decision appears to accept the plaintiffs’ standing to defend the requirements for President set forth in Article II: Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).

Originally posted by Iamonlyhuman
reply to post by syrinx high priest

---

Actually, it's not a motion to remove Obama from office. It seems this is a challenge to his eligibility to run in the 2012 election and the plaintiffs, this time around, have standing.

Judge Malihi’s decision appears to accept the plaintiffs’ standing to defend the requirements for President set forth in Article II: Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).

edit on 21/1/2012 by Iamonlyhuman because: (no reason given)