Posted on 09/25/2008 4:32:09 AM PDT by Revski
DEFENDANT DEMOCRATIC NATIONAL COMMITTEES AND DEFENDANT SENATOR BARACK OBAMAS MOTION TO DISMISS Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National Committee and Senator Barack Obama respectfully move the Court for an order dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction over the claim asserted and that the Complaint fails to state a claim upon which relief can be granted. Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of Motion to Dismiss and a proposed Order.
The Motion has not been Granted by the Court.
http://www.flds.ws/wp-content/uploads/2008/09/obama-motion-to-dismiss.pdf
(Excerpt) Read more at youtube.com ...
No. None of the other candidates for president in the past have had to provide their's.
Number 2 was the choice taken by McCain's people when faced with that bogus lawsuit in California over his citizenship status. They moved that the suit be dismissed because the plaintiff lacked legal standing. The judge agreed with them. The suit was dismissed. The same tactics Obama is using here.
I hate the media. I hate them, hate them, hate them, hate them. Can you imagine if this was a Republican??
Bingo.
All of the documentation proving the circumstances of McCain's birth were available, or made available, making the basis of the suit moot.
The judge went on to rule that the plaintiff additionally lacked standing because he was not subject to actual or imminent harm. The judge opined that the plantiff's preferred candidate (Alan Keyes) had no realistic chance of prevailing, which was pointed out to solidify the argument of no potential harm.
To me, this might imply that only an opposing candidate would have standing, and then only after the electoral votes were counted.
As this is new legal ground, it's not clear how another court might rule, or what could happen on appeal if this were followed as precedent in the Berg case.
If this is to be resolved in advance of the general election, it would seem that this could/should be pursued as a ballot qualifications question. This, or course, assumes such ballot laws require that only those that meet the Constitutional requirements for the office can be placed on a ballot. Otherwise, the Gore-Florida fiasco is going to look like a tea-party compared to what would happen if this can only be raised after the election.
So true. :(
Palin would be a natural-born citizen anyway based on her parents' places of birth--her genealogy is online and shows that her American ancestry goes back to the "Mayflower."
Somehow the MSM hasn't tried to use that against her...yet.
I do not have that knowledge but it sounds like American law.
I hope Berg will push it to know end.
The easiest way to solve this is for someone, anyone to provide any evidence that Obama wasn't born in the U.S. Where is it?
Until then it's a non-issue. There is no law requiring Bush or McCain or Obama or any other candidate to present their birth certificate to any federal agency or official. That's just the way it is.
No law requiring it? How about the Constitution?
Obama’s elegability has been challenged. An American citizen has legal standing to challenge it.
From Article I of the U.S. Constitution:
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
When I got married overseas I had to produce documentation to the U.S. Embassy that I was a U.S. Citizen. I provided them with my military ID. They stated that was not proof as foreign national can enlist. I advised them I was not "enlisted" but "commissioned" and only US citizens can receive commissions...I had to provide a birth certificate to receive my commission.
Apparently DOD documentation was not adequate proof for the State Department and I still had to write back home for a(nother) certified copy of my birth certificate.
Apparently Senator Slim Shady, Democrat from Indonesia, is above making such efforts to prove his eligibility for POTUS.
She claims Sand Point, Idaho as birthplace, which is in Northern Idaho, just down the road from...........CANADA!
Maybe we can hire Dan Rather to do some subcontracting for us and get some of those over the transom custom papers done.
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