What about our Georgia Motion for Contempt?

The Georgia OSAH is refusing to certify facts to the Superior  Court in connection to our Motion for Contempt.

Administrative Rules of Procedure 616-1-2-.39 states “Upon application by a party, the Administrative Law Judge shall certify the facts to the superior court… for a determination of the  appropriate action, including a finding of contempt.” (emphasis added). Liberty Legal Foundation made such an application before the OSAH published their decision in in our case, Welden v. Obama. Judge Malihi has no discretion in this matter.

Yet, the OSAH has responded that they no longer have jurisdiction and apparently they believe that relieves Judge Malihi of his duty in this matter.

By that same logic, any trial court could refuse to forward a trial record to an appellate court because the trial court’s jurisdiction ended when an appeal was filed. In other words, the OSAH’s excuse for refusing to perform their duty makes no sense, and they should know it.

The rules of the OSAH require Judge Malihi to certify facts to another court that does have jurisdiction, because Malihi doesn’t have authority to decide any contempt issue. He never did.  Malihi should have certified the facts alleged to the other court immediately upon receipt of our application. It’s an administrative function that would take no more than 30 minutes to do. Yet he sat on our request for days, then continued to sit on it after his ruling. When we inquired, the silence was deafening. We didn’t hear back at all. This is from a court that had previously responded to e-mails within hours, or even minutes, on every other occasion. Four days later we e-mailed again. That’s when we got the unbelievable “lack of jurisdiction” statemen t from Malihi’s staffer.

This reflects a court simply refusing to do its job under the law and then when questioned, making up a pretty lame excuse. We have reminded the OSAH of its own rules and are still waiting to hear back…

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