KEVIN RICHARD POWELL v. BARACK OBAMA
APPEALS UPDATE
On February 15th,
my counsel J. Mark Hatfield and I filed my appeal for judicial review at the
Fulton County Superior Court in Atlanta , GA
CASE CHRONOLOGY
Respondent Obama, on or
before October 31, 2011, submitted a letter to the Executive Committee of the
Democratic Party of Georgia seeking to be listed on the Georgia Democratic Presidential
Preference Primary Ballot.
Georgia Democratic Party
Chairman Mike Berlon submitted, pursuant to
O.C.G.A. § 21-2-193, the name of Respondent to the Georgia Secretary of State's Office as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot
O.C.G.A. § 21-2-193, the name of Respondent to the Georgia Secretary of State's Office as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot
Kevin Richard Powell Formal
Complaint as Filed Monday, November 28th, 2011 with Georgia
Letter from Hatfield to
Judge Malihi
This was Attorney Hatfield’s
initial contact with the court informing Judge Malihi that he will be
representing me and Carl before the court with some additional administrative
requests.
Judge Malihi Orders - Powell
v Obama 1216823
Plaintiff's unopposed
request for an extension of time for filing the pretrial order is granted.
Plaintiff's pretrial is now
due on December 27, 2011 .
Defendant's pretrial is due January 3, 2012 .
Powell OSAH-CE-1216823-60
Statement Undisputed Facts filed by Michael Jablonski
Order to Consolidate/Notice
of Hearing/Order to Submit Proposed Findings of Fact and Conclusions of Law 20 Dec 2011
Attached is Judge Malihi’s
Order to Consolidate, Notice of Hearing, and Order to Submit Proposed Findings
of Fact and Conclusions of Law for the following OSAH cases:
David Farrar et al. v.
Barack Obama (#1215136-60-Malihi)
David P. Welden v. Barack
Obama (#1215137-60-Malihi)
Carl Swensson v. Barack
Obama (#1216218-60-Malihi)
Kevin Richard Powell v.
Barack Obama (#1216823-60-Malihi)
Motion for Extension of Time
to Respond to Motions to Dismiss 22 Dec 2011
Pre Trial Order 27 Dec 2011
The issues for determination
by the Court are as follows:
A. Whether or not Defendant Barack Hussein Obama II satisfies the "natural born Citizen" requirement of Article II, Section I, Clause 5 of the United States
Constitution; and
B. Whether or not Defendant Barack Hussein Obama II is eligible to be placed on the Georgia ballot for the Presidency of the United States of America.
A. Whether or not Defendant Barack Hussein Obama II satisfies the "natural born Citizen" requirement of Article II, Section I, Clause 5 of the United States
Constitution; and
B. Whether or not Defendant Barack Hussein Obama II is eligible to be placed on the Georgia ballot for the Presidency of the United States of America.
Motion for Leave to Take
Depositions 30 Dec 2011
Now come Plaintiffs Carl
Swensson and Kevin Richard Powell,
by and through undersigned
counsel, and respectfully move the
Court, pursuant to O.C.G.A.
§§ 50-13-41 (a) (2) and 50-13-13 (a) (6);
OSAH Rules 616-1-2-.15 and
616-1-2-.20; and other applicable law,
for leave to take depositions
in each of the above-styled cases,
and Plaintiffs show to the
Court the following:
1. The above-captioned cases
are actions in which Plaintiffs
are challenging the
qualifications of Defendant Barack Obama to
appear on the voting ballot
in Georgia
Presidency of the United States
http://www.scribd.com/doc/81993036/Motion-for-Leave-to-Take-Depositions-30-Dec-2011
http://www.scribd.com/doc/81993036/Motion-for-Leave-to-Take-Depositions-30-Dec-2011
Motion for Severance and Separate Hearing 30 Dec 2011
Defendants Pretrial Order 30 Dec 2011
Material Referenced in
Defendant PreTrial 30 Dec 2011
Defense Opposition to Powell
Motion to Take Depositions 3 Jan 2012
Brief in Opposition to
Plaintiff's Motion for Leave to Take Depositions and in Support of Motion for
Protective Order-
Order on Motion to Dismiss 3 Jan 2012
Order on Motion to
Sever 3 Jan 2012
OFFICE OF STATE
ADMINISTRATIVE HEARINGS
STATE OF GEORGIA
ORDER
On December 20,
2011 , the Court consolidated
the above-styled actions.
On December 27, 2011, this Court moved to sever Plaintiff Welden's case.
Plaintiffs Carl Swensson and Kevin Richard Powell have moved for a separate
hearing as well.
On December 27, 2011, this Court moved to sever Plaintiff Welden's case.
Plaintiffs Carl Swensson and Kevin Richard Powell have moved for a separate
hearing as well.
The Court finds good cause
to grant the Plaintiffs' motion. Therefore, Plaintiff Welden's
case will be heard first at 9:00 AM , January 26, 2012 , followed immediately by the case of Plaintiffs
Swensson and Powell. Plaintiffs Farrar, Lax, Judy, Malaren , and Roth will have a separate hearing immediately after that.
SO ORDERED, this the 3rd day
of January, 2012.
MICHAEL M. MALIHI, Judge
Order on Motion to Take
Depositions 3 Jan 2012
OFFICE OF STATE
ADMINISTRATIVE HEARINGS
STATE OF GEORGIA
ORDER
Plaintiffs Swensson and
Powell move for leave to take the deposition of Michael R.
Berlon, Brian Kemp, and
Defendant Barack Obama. In support of their motion, the Plaintiffs state that
Michael R. Berlon's affidavit was attached to Defendant's motion to dismiss. Accordingly, the
Plaintiffs' argue, to respond to the motion to dismiss properly, it is
necessary and just to take Michael R. Berlon's deposition.
Earlier today, the Court
dismissed Defendant's motion to dismiss. Therefore, it is no
longer necessary for the
Plaintiffs to file a response to the Defendant's motion.The Plaintiffs' motion to take deposition is DENIED.
SO ORDERED, this the 3rd day of January, 2011.
MICHAEL M. MALIHI, Judge
http://www.scribd.com/doc/82030407/Order-on-Motion-to-Take-Depositions-3-January-2012
http://www.scribd.com/doc/82090803/Motion-For-Determination-of-Placement-of-Burden-of-Proof-19-Jan-2012
Order on Motion for
Determination of Placement for Burden of Proof 19 Jan 2012
http://www.scribd.com/doc/82092824/Order-on-Motion-for-Determination-of-Placement-of-Burden-of-Proof-19-Jan-2012
Notice To Produce 19 Jan 2012
Pursuant to OSAH Rule
616-1-2-.19, Defendant Barack Obama is hereby notified to be and appear before
the Georgia Office of State Administrative Hearings, the Honorable Michael M.
Malihi presiding, at the Fulton County Justice Center Building, 161 Pryor
Street, Courtroom G-40, Atlanta, Georgia on January 26, 2012 at 9:00 a.m. , and to bring with him into said Court the following items to be
used as evidence by the Plaintiffs in the above-styled case:
(a) One (1) of the two (2)
original certified copies of Defendant Barack Obama's
("long form") Certificate of Live Birth as referenced in
the four (4) pages of
Exhibit "A"
attached;
(b) All medical, religious,
administrative, or other records of or relating to
Defendant Barack Obama's birth;
(c) Any and all United
States Passports, passport applications, and
passport-related records for Defendant Barack Obama;
(d) Any and all passports,
passport applications, and passport-related records for
Defendant Barack Obama from any country, nation, or
sovereignty;
(e) Any and all college and
university admission information, both
undergraduate and postgraduate, for Defendant Barack Obama,
including, but not limited to, admission applications;
letters of recommendation; school transcripts;"
financial aid applications;
scholarship applications;
and any and all correspondence awarding
admission, financial aid,
scholarships, or the like;
(f) Any and all applications
and accompanying materials submitted by or for
Defendant Barack Obama to the State Bar of Illinois, the State
Supreme Court of Illinois
(g) Any and all other
documents, materials, and papers having any relation to the
subject of the birthplace, citizenship, denizenship,
and national origin of Defendant Barack Obama;
(h) Any and all documents,
materials, and papers having any relation to the subject of the birthplace,
citizenship, denizenship, and national
origin of Defendant's father,
Barack Obama, Sr.
Barack Obama, Sr.
(i) All correspondence
between Defendant Barack Obama and any other person, firm, political party, or
entity discussing Defendant's status vel non as a natural born Citizen pursuant
to Article II, Section I, Clause 5 of the United States
Defendant will note that the
preceding items are requested hereby, whether they pertain to Defendant under
his name Barack Ohama or any other name, including but not limited to Barack
Hussein Ohama II; Barry Soetoro; Barry Soebarkah; Barry Ohama, or the like.
Herein fail not under
penalty of law.
This 19th day of January,
2012.
http://www.scribd.com/doc/82031067/Notice-to-Produce-19-Jan-2012
Order on Motion to Quash Suboenas 20 Jan 2012
Defendant, President Barack
Obama, a candidate seeking the Democratic nomination for the office of the
President of the United States January 26, 2012 . In support of his motion, Defendant argues that
"if enforced, [the subpoena] requires him to interrupt duties as President
of the United
States Atlanta , Georgia Ga.
Defendant further alludes to
a defect in service of the subpoena. However, the Court's rules provide for
service of a subpoena upon a party, by serving the party's counsel of record. Ga.
Accordingly, Defendant's
motion to quash is denied.
SO ORDERED, this the 20th day of January, 2012.
MICHAEL M. MALIHI, Judge
I have hand delivered and
successfully served the subpoena for court appearance on Thursday, January 26th
to Secretary of State Brian Kemp in his office at the Georgia State Capitol on
this day January 23rd, 2012 at 3:56 pm in the presence of his General Counsel Vincent Russo and three
witnesses. A scanned copy is attached to
this email.
Respectfully,
Kevin R. Powell
Subpoena prepared for
service to Michael Berlon
Chairman of the Georgia
Subpoena prepared for
service to Records Custodian, U.S. Citizenship and Immigration Services,
Atlanta Field Office or Denise Frazier (Director)
NOTICE OF AMENDMENT TO
PRE-TRIAL 24 Jan 2012
Now come Plaintiffs Carl
Swensson and Kevin Richard Powell,
by and through undersigned
counsel, and respectfully notify the
Court and opposing counsel
of the following amendments to the
Plaintiffs' Pre-Trial Order
in the above-captioned cases:
1. Plaintiffs hereby add the
name of Kenneth Allen,
100550E Gray Hawk Drive , Tucson , Arizona 85730
as a may-call witness. Mr. Allen will testify as to the Freedom of Information Act request that he made in order to obtain the information released in U.S. Citizenship and Immigration Services Case No. HQS2011000019 (documents previously provided to defense counsel).
as a may-call witness. Mr. Allen will testify as to the Freedom of Information Act request that he made in order to obtain the information released in U.S. Citizenship and Immigration Services Case No. HQS2011000019 (documents previously provided to defense counsel).
2. Plaintiffs hereby add the
name of Denise Frazier, or any other appropriate
records custodian for the U.S. Atlanta Georgia
Courtroom Change
Unfortunately, Fulton County
Please notify any other
interested parties of this change. Please also let me know if you have any
questions about the courtroom. We are working out the technological aspects of
the hearing right now.
Receipt of Purchase for
“Dreams of My Father” for Court Hearing Exhibit 24 Jan 2012
Michael Jablonski Letter to
Secretary Brian P. Kemp 25 Jan 2012
Secretary Brian P. Kemp
Letter to Michael Jablonski 25 Jan 2012
Secretary Kemp Motion to
Quash Subpoena 25 Jan 2012
1. 11/1/2011 Letter from Berlon to Kemp
2. Swensson challenge docs
3. Powell challenge docs
4. Obama v. Obama divorce
decree
6. USCIS docs - Kenneth
Allen
7. Democratic certification
2008
8. GOP certification 2008
9. Dreams from my father
10. White House schedule 11/26/12
11. USCIS Interpretations
sec. 324.2
12. 1/25/12 Jablonski letter to Kemp
Divorce Decree for Stanley
Circuit Court of the First
Circuit, State of Hawaii
(P-4)
Ken Allen FOIA Response for
Barack Hussein Obama Sr.
HQS20110000019
(Exhibit P-6 in Kevin
Richard Powell v. Barack Obama)
Additional FOIA response
documents from Ken Allen
Official Certificate of
Nomination for the Democratic Party for the 2008 General Election
(P-7)
Official Certificate of
Nomination for the Republican Party for the 2008 General Election
(P-8)
Order for Post Hearing
Pleadings 27 Jan 2012
Malihi Initial Decision 2 Feb 2012
Powell Response Letter to
Secretary Brian P. Kemp 7 Feb 2012
Sec. Kemp Final Decision 7 Feb 2012
Transcript Powell 9 Feb 2012
Appeal 15 Feb 2012 Case No. 2012CV211528
This action is an appeal of
a Final Decision of Georgia Secretary of State Brian P. Kemp denying Petitioner
Kevin Richard Powell's challenge to the qualifications of Respondent Barack
Obama, a presidential candidate, to seek and hold the Office of the President
of the United
States
Exhibit A Malihi Decision
Exhibit B Kemp Decision
Request for Consolidation 17 Feb 2012
For additional updates on
the Kevin Richard Powell v. Barack Obama ballot challenge case as it moves up
through the appeals process, go to:
If you would like to donate
financially to help with the litigation expenses, please donate directly to the
Georgia Ballot Challenge here:
"I know not the day nor hour our victory will be at hand…
But know ye this, our cause is just therefore I take this stand."
Godspeed,
Kevin
February 20th, 2012
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