Ga. judge orders president to appear at hearing
ATLANTA (AP) - 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.
It's one of many such lawsuits that have been filed across the country, so far without success. A Georgia resident made the complaint, which is intended to keep Obama's name off the state's ballot in the March presidential primary.
An Obama campaign aide says any attempt to involve the president personally will fail and such complaints around the country have no merit.
The hearing is set for Thursday before an administrative judge. 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.
http://www.cbsatlanta.com/story/16567672/ga-judge-orders-president-to-appear-at-hearing
That report is incorrect.
ReplyDeleteHere is what actually happened:
The attorney for some of the plaintiffs, Orly Taitz, got a blank subpoena form signed by Judge Malihi from a State web site and served it on Obama’s attorney.
Although the Judge has so far refused defense motions to quash the subpoena, he actually has NOT issued any order for Obama to appear, and in fact he cannot.
Why not? Because in Georgia an administrative law judge does not have the power to compel testimony, which takes an order from a Superior Court.
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