Georgia Chief Administrative Law Judge Max Wood of Macon doesn't plan to get involved in the case involving a subpoena issued to President Barack Obama.
Deputy Chief Administrative Law Judge Michael Malihi subpoenaed the president to appear at a birther hearing in Atlanta Thursday.
The case stems from a complaint alleging that President Obama isn't a natural-born citizen and can't be president. Those filing the complaint want President Obama's name removed from the ballot during Georgia's presidential primary March 6.
Malihi issued the subpoena last week. Since then, he rejected a presidential request to quash the subpoena. Despite that, the president isn't expected to attend Thursday's hearing.
Wood, Malihi's boss, said Tuesday he's aware of the subpoena but wouldn't comment on its merits or what alternatives his deputy chief would have if President Obama ignores the subpoena.
Malihi's subpoena is the lastest development in the so-called birther movement to get President Obama removed from office. All the others have failed.
Last year, President Obama released a long form of his birth certificate which says he was born in Hawaii, making him a natural born American citizen.