When Obama was subpoenaed to appear in a Georgia court for a January 26 eligibility case, it hit some headlines with an air of finality, but that was hardly the case. As it turns out, the hearing was only a fact finding case and the final decision of whether Obama will be on the Georgia State ballot this fall will be made by Secretary of State Brian Kemp.
So, the decision is still up in the air, and that leaves critics on both sides proceeding as usual. Obama supporters are citing rabid conspiracy theories and calling the hearing “really and truly stupid,” while the pejoratively-labeled “birthers” are pointing out that this case is legally still alive.
Jerome Corsi of WND.com writes,
Obama and his attorney boycotted the proceedings, issuing a letter to Georgia Secretary of State Brian Kemp that the judge was letting attorneys “run amok.” The statement came after Malihi refused to quash a subpoena for Obama’s testimony and his records, which effectively was ignored by the White House.
The judge is expected to review the evidence and make a recommendation to the state whether there is reason to be concerned about Obama’s name on the 2012 ballot.
He apparently will have no defense evidence, but Kemp had warned Obama about that.
Kemp said late last night in a response to a demand from Obama’s attorney that he simply order the hearing stopped.
“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”
At any rate, the final decision is Kemp’s. Regardless of what Malihi recommends, Kemp does not want to become the Republican secretary of state who ruled Barack Obama off the ballot in Georgia. Becoming a birther hero would not begin to compensate for the lasting infamy such a step would bring him, especially because such a ruling would be challenged in state or federal court and almost immediately overturned on any number of reasons. Kemp would then look like a fool and put an end to any further political ambitions he might have. I doubt that’s the course he will choose to take.
In the end, there is no chance whatsoever that Obama’s name will not be on the Georgia ballot come November.
So the future appears to lie somewhere between Mr. Kemp’s duty to uphold state law, facts, and recommendations impartially and his personal political ambitions. Corsi and the “birther” movement think the Secretary of State will do the former, the left thinks he will be moved by the latter.