
A judge in Georgia has ordered President Barack Obama to appear in court this week in a lawsuit challenging whether he is a natural-born US citizen qualified to be president.
The latest case was spawned by the so-called “birther” movement that has made claims — which have not been substantiated — that Obama was born overseas.
Although it is unclear whether a court could force a sitting president to appear in a court case, Georgia Deputy Chief Judge Michael Malihi has denied a motion by the president’s lawyer to quash a subpoena that requires Obama to show up.
A Georgia resident made the complaint, which is intended to keep Obama’s name off the state’s ballot in the March presidential primary.
Orly Taitz, a California attorney who brought the legal challenge, said she expects the president’s legal team to fight his appearance in the Georgia court but by doing so would expose his vulnerability.
An Obama campaign official said the case would not likely proceed.
“As courts around the country have ruled time and again, these claims have no merit and any attempts to compel the president’s personal involvement will fail,” a statement said.
Related articles
- Atlanta judge orders Obama to court to counter ‘birther’ claim (thegrio.com)
- Georgia Judge Says Birther Orly Taitz Can Question President, Orders Obama to Appear in Court (littlegreenfootballs.com)
- Dr. Orly Taitz, ESQ …Birther (disclose.tv)
- Obama Set To Defy Order To Appear Before Atlanta Judge (nicedeb.wordpress.com)
That is not an accurate report. Here is what really happened. The lawyer for some of the plaintiffs in the case, Orly Taitz, got a blank subpoena form signed by Judge Malihi from a state web site and has it served on Obama’s attorney.
The situation is that although the judge has so far refused defense motions to quash the subpoena, he has NOT issued any order for Obama to appear, and in fact he cannot issue such an order.
Why not? Because in Georgia, an administrative law judge does not have the authority to compel testimony. That requires an order from the state Superior Court.
By: Ellen1 on January 25, 2012
at 9:20 AM
[...] Judge Says Obama Must Appear in ‘Birther’ Suit (maboulette.wordpress.com) [...]
By: The Obama Birther’s Victory In Atlanta Court « Angelbabe43's Blog on January 27, 2012
at 12:43 AM