No ruling in ‘birther' challenge

By Bill Rankin

The Atlanta Journal-Constitution

After hearing evidence with neither President Barack Obama nor his lawyers in attendance, a state administrative law judge on Thursday did not issue a ruling as to whether Obama can be allowed on the state ballot in November.

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Bob Andres, bandres@ajc.com Around the Plaintiff's table Kevin Powell (from left), Thomas Hatfield, Carl Swensson, John Sampson, and Mark Hatfield greeted each other before the hearing. The plaintiffs contend President Obama is not a natural-born citizen and not eligible to be on the Georgia ballot.

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Bob Andres, bandres@ajc.com The defendant's side was empty as the Obama camp decided to boycott the hearing.

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Ross D. Franklin, AP A Georgia judge did not issue a ruling on a 'birther' challenge as to whether President Barack Obama can appear on the Georgia ballot.

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Lawyers for area residents mounting "birther" challenges told Deputy Chief Judge Michael Malihi that Obama should be found in contempt of court for not appearing when under subpoena to do so. But Malihi did not indicate he would recommend that and cut off one lawyer when he criticized Obama for not attending the hearing.

"It shows not just a contempt for this court, but contempt for the judicial branch," lawyer Van Irion told Malihi.

"I'm not interested in commentary on that, counselor," Malihi quickly replied.

Late Wednesday, Obama's lawyer, Michael Jablonski, wrote Secretary of State Brian Kemp, asking him to suspend the hearing. "It is well established that there is no legitimate issue here -- a conclusion validated time and again by courts around the country," Jablonski wrote.

Jablonski also served notice he would boycott the hearing.

In response, Kemp said the hearing to consider the challenges is required by Georgia law. "If you and your client choose to suspend your participation in the [Office of State Administrative Hearings] proceedings, please understand that you do so at your own peril," Kemp wrote.

Thursday's hearing was held before a packed courtroom with almost every seat taken -- except for those at the defendant's table facing the judge.