swensson v obama, emergency motion for injunction pending appeal, georgia supreme court, 3-13-2012

8/2/2019 Swensson v Obama, Emergency Motion for Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012

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CARL SWENSSON,

Applicant

IN THE SUPREME COURT

STATE OF GEORGIA

*

*

v.

BARACK OBAMA,

Respondent

*

*

*

CASE NO.

EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL

J. MARK HATFIELD

HATFIELD & HATFIELD, P.C.

Attorney for Applicant

201 Albany Avenue

P.O. Box 1361

Waycross, Georgia 31502

(912) 283-3820

Georgia Bar No. 337509

[email protected]



CARL SWENSSON,

Applicant

IN THE SUPREME COURT

STATE OF GEORGIA

*

*

v.

BARACK OBAMA,

Respondent

*

*

*

CASE NO.

EMERGENCY :I~OTION FOR INJUNCTION PENDING APPEAL

Now comes Applicant Carl Swensson, by and through

undersigned counsel, and moves the Court on an emergency basis

for an injunction pEnding this Court's determination of

Applicant's Application For Discretionary Appeal herein, and In

support of this Motion, Applicant shows to the Court the

following:

1.

The above-captioned case is an Application For Discretionary

Appeal from the Superior Court of Fulton County's "Order Granting

Respondent Barack Ot,ama's Motion to Dismiss" in Applicant's

Fulton Superior Court action appealing a Final Decision of

Georgia Secretary of State Brian P. Kemp denying Applicant's

challenge to the qu~lifications of Respondent Barack Obama, a

presidential candid~te, to seek and hold the Office of the

President of the Uni.ted States, and finding Respondent Obama

eligible as a candidate for the presidential primary election.

Page -1-



2.

The Georgia Denlocratic Presidential Preference Primary

Election was held orlMarch 6, 2012 and is now pending the

certification of thE! results thereof by the Georgia Secretary of

State.

3 .

O.C.G.A. § 21-~-5(e) gives Applicant the right to seek

appellate review of the adverse decision of the Superior Court

below in this matter.

4.

This Applicatic,n For Discretionary Appeal involves, among

other issues, a sigrificant issue of constitutional law, i.e.

whether or not Respcndent, whose father was a foreign national

and never a United States citizen, meets the "natural born

Citizen" eligibility requirement of Article II, Section I, Clause

5 of the United States Constitution.

5.

Unless the Supreme Court grants a preliminary injunction

pending appeal with regard to the Secretary of State's

anticipated certification of the results of the Georgia

Democratic Presidential Preference Primary Election, Respondent

will likely claim ttat Applicant's action is moot after the

certification process is completed. Although Applicant would

disagree, and does disagree, with any such claim by Respondent,

Page -2-



preliminary injunction pending appeal with regard to the

Secretary of State'E: anticipated certification of the results of

the Georgia Democrat:ic Presidential Preference Primary Election.

WHEREFORE, App __cant respectfully requests that this Court

grant the relief requested by Applicant herein.

This 12th day of March, 2012.


201 Albany AvenueP.O. Box 1361

Waycross, Georgia 3]502

(912) 283-3820

Page -4-



CERTIFICATE OF SERVICE

I, J. Mark Hatfield, Attorney for Applicant, do hereby

certify that I have this day served the foregoing Emergency

Motion For Injunction Pending Appeal upon:

Mr. Michael K. Jablonski

Attorney at Law2221-D Peachtree Road NE

Atlanta, Georgia 30309

Honorable Brian P. Kemp

Secretary of State

State of Georgia

214 State Capitol

Atlanta, Georgia 30334

by placing a copy of- same in the United States Mail in a properly

addressed envelope ~rith sufficient postage affixed thereto in

order to insure pro];lerdelivery, and by emailing same to Mr.

Jablonski at [email protected] and by emailing same

to Secretary Kemp at [email protected].

This 12th day of March, 2012.


201 Albany AvenueP.O. Box 1361

Waycross, Georgia 3]502

(912) 283-3820

swensson v obama, emergency motion for injunction pending appeal, georgia supreme court, 3-13-2012

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