OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA CARL SWENSSON, Plaintiff V. BARACK OBAMA, Defendant DOCKET NO.

: OSAH-SECSTATE-CE1216218-60-MALIHI

OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA KEVIN RICHARD POWELL, Plaintiff V. BARACK OBAMA, Defendant CITATION FOR CONTEMPT

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DOCKET NO.: OSAH-SECSTATE-CE1216823-60-MALIHI

Now come Plaintiffs Carl Swensson and Kevin Richard Powell, by and through undersigned counsel, and move the Court, pursuant to O.C.G.A. 50-13-13(b) and OSAH Rule 616-1-2-.22 (5), to certify to the Superior Court of Fulton County certain facts, relative to the contemptuous behavior of the Defendant before this Court, for a determination of appropriate action, including

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a finding of contempt, In support of this Citation For Contempt, Plaintiffs show to the Court the following facts-: 1_ On or about January 19, 2012, undersigned counsel for Plaintiffs served upon defense counsel a "Notice to Produce," requiring Defendant Barack Obama to appear at the January 26, 2012 trial of this matter and to bring with him into Court certain documents and other items to be used as evidence by the Plaintiffs at trial, 2, Defense counsel made no response to Plaintiffs' NCtice to Produce-. Defense counsel filed no motion for protective order, motion to quash the Notice to Produce, or any other pleading objecting to the Notice to Produce, 3_ Despite being timely served with the aforesaid Notice to Produce, Defendant Obama failed to appear for the trial of these matters on January 26, 2012. Likewise, Defendant's attorney also failed to appear for trial- None of the documents or other evidence sought by Plaintiffs was produced as required by Plaintiffs' Notice to Produce.
4,

The failure of Defendant Obama (and defense counsel) to

appear for trial on January 26, 2012 was knowing, intentional, and deliberate, as demonstrated by Plaintiffs' Exhibit 12, a January 25, 2012 letter written by defense counsel to Georgia Secretary of State Brian Eemp_

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5.

Defendant Obama's behavior in failing to comply with

Plaintiffs' Notice to. Produce, by appearing for trial with the requested documentary and other evidence demonstrates Defendant's contempt for this Court and for the judiciary generallyOSAB _Rule 616-1-2-,22 (5) provides, in pertinent part, that the Administrative Law Judge, upon application of a party, shall certify the facts to the superior court of the county in which a party, agent, or employee of a party: disobeys or resists any lawful order or process; neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed, for a determination of the appropriate action, including a finding of contempt. 7. Plaintiffs hereby request that this Court certify the

foregoing facts to the Superior Court of Fulton County for a determination of the appropriate action to be taken with regard to Defendant's contemptuous conduct,

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WHEREFORE, Plaintiffs pray that the relief requested herein be granted. This 1st day of February, 2012. HATFIELD & HATFIELD, P.C.

J. ark Hat Atto ney fo P aintiffs Georgia Bar No. 337509 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820

CERTIFICATE OF SERVICE

I, J. Mark Hatfield, Attorney for Plaintiffs, do hereby certify that, pursuant to the Order entered in the abovecaptioned matters regarding electronic service, I have this day served the foregoing Citation For Contempt upon: Michael Jablonski michael.lablonski@comcast.net by email addressed thereto in order to insure proper delivery. This 1st day of February, 2012. HATFIELD & HATFIELD, P.C.

ark Hatfi Attcrney for Georgia Bar No. 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820

tiffs 7509