Once again, I do not disagree with pretty much everything you say. I don’t think Obama will be personally showing up in Court here in GA (because I think there are as-yet-to-be-directly-cited cases that would easily support his staying away). I also never thought that Hawaii would approve of Ms. Taitz’ subpoena, precisely because of what you’ve already stated.

Regardless, the motion to quash was denied in GA, and insofar as Judge Malihi’s Court has jurisdiction in GA, Obama’s representation will likely show up (as they would anyway) and vigorously attempt to deny whatever it is that Judge Malihi decides, in the event that such a decision would be against Obama.

You are still misunderstanding jurisdiction. Let’s take a look at where you took the wrong turn.

You ask, “Does he have jurisdiction to do so? If so, why? If not, why not?” Then you answer, “Yes, the judge does have jurisdiction to do so, even in other States, assuming that, per the Interstate Subpoena Deposition Service, the receiving Court in the differing State allows for said subpoena to be enforceable in that other jurisdiction. Per the same posting on this site to which I referenced, that won’t be known until January 26, 2012. Personally, I suspect that in Hawaii’s case, they’ll consider it unenforceable.”

Not quite. The answer is, No, the Georgia judge does NOT have jurisdiction to subpoena a witness in another state, therefore he requests a court that DOES have jurisdiction to issue a subpoena. I’m not certain where you got that notion that a judge has jurisdiction but at the same time he lacks enforcement authority. Jurisdiction and enforceability go hand in hand. Because the Georgia court lacks jurisdiction to command a nonresident to testify, it cannot enforce it.

Your source, a commercial website for a business (likely an attorney) that offers services to aid in interstate subpoenas is fairly reliable in its description of the process. However, you missed a critical fact: The process described is for the taking of a deposition of an out-of-state witness. Summoning a witness to appear at a deposition. Not a trial or hearing.

No witness outside the State of Georgia can be subpoenaed to appear in Georgia. The witness’s deposition can be the subject of the subpoena, along with a notice of deposition, but the proceeding takes place in the state where the witness resides or works. Because Georgia cannot compel a person outside the state to travel to the state to give testimony, the subpoena cannot be used to secure attendance at the trial or hearing.

Orly Taitz has gone on a subpoena binge. Take a close look at the documents she issued. They (attempt to) compel out-of-state witnesses to appear at the hearing in Atlanta on the 26th. No can do. Obama’s lawyer pointed this out in the Motion to Quash. True, he did not support it with anything other than a cite to the statute for subpoenas to witnesses, but does he need to cite further authority to advise the judge what the judge already knows? Of course not.

The Order does not attempt to address the subpoenapalooza as far as Orly’s invalid efforts to compel non-Georgia nonparty witnesses are concerned. The Order is narrowly drafted to address only the subpoena directed to the President. As a party to the challenge proceeding, the rules are a bit different. A party is subject to the judge’s jurisdiction and so, generally speaking, a subpoena directed to a party is enforceable. However, there is law that holds that a federal officer cannot be compelled to appear in court if it interferes with his official responsibilities. There is also the consideration whether a state court can compel a federal official to do anything at all. The Motion to Quash hinted at this, but did not develop it, and thus the judge denied the motion. It does not mean that the judge has foreclosed the issue, only that the issue is not developed for some reason. I will not presume to speculate why that is.

In summary, there remains a question whether a state administrative law judge has the authority to enforce any order against the President of the United States. We shall see how that plays out on Thursday, as the Georgia Democratic Party has already indicated that President Obama will not be attending the hearing or giving testimony.

My question to you is, what does the judge do then? What CAN the judge do?

Let’s see what your email correspondents recommend.

Ankeny.