Here's the FEC response:
"...unless the Court should grant the Commission's Motion for Summary Affirmation before it's formal brief is due on February 19, 2009."
Awfully wishful thinking there, Steve Hajjar.
Posted on 02/03/2009 1:14:11 AM PST by rxsid
Current status of Berg's case pending in the 3rd dist. court of appeals (same case the SCOTUS denied the two emergency stay requests)
12/09/2008 Open Document ORDER (SCIRICA, Chief Judge and AMBRO, Circuit Judges) denying Appellant's Motion an Immediate Injunction to Stay the Certification of Electors, to Stay the Electoral College from Casting any Votes for Barack H. Obama on December 15, 2008, and to Stay the Counting of any votes in the House of Representatives and the Senate on January 6, 2009 Pending Resolution of Appellant's Appeal. Panel No.: ECO-16. Scirica, Authoring Judge. See Order for complete text. (CH)
12/10/2008 RECORD available on District Court CM/ECF. (CH)
12/10/2008 Open Document BRIEFING NOTICE ISSUED. Brief on behalf of Philip J. Berg due on or before 01/20/2009. Appendix due on or before 01/20/2009. (CH)
01/16/2009 Open Document ENTRY OF APPEARANCE from Steve N. Hajjar on behalf of Appellee(s) Federal Election Commission. (SNH)
01/16/2009 Open Document Motion filed by Appellee Fed Election Comm to summarily affirm. Certificate of Service dated 01/16/2009. SEND TO MERITS PANEL.--[Edited 01/28/2009 by CH] (SNH)
01/20/2009 Open Document ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Philip J. Berg, filed. Certificate of Service dated 01/20/2009 by email. (PJB)
01/20/2009 Open Document ELECTRONIC APPENDIX on behalf of Appellant Philip J. Berg, filed. Manner of Service: electronic. Certificate of Service dated 01/20/2009. (PJB)
01/27/2009 Open Document Response filed by Appellant Philip J. Berg to Motion for summary action. Certificate of Service dated 01/26/2009. (PJB)
01/28/2009 Open Document CLERK ORDER referring Motion by Appellee Federal Election Commitee For Summary Affirmance to the merits panel. It is noted that Appellant filed his brief and appendix on January 20, 2009, counsel for Appellee Federal Election Committee, is directed to inform this office in writing within seven (7) days from the date of this order if they intend to file a brief or rely on the Motion for Summary Affirmance in lieu of a formal brief, filed. SEND TO MERITS PANEL. (CH)
02/02/2009 Open Document CLERK ORDER referring the Response of Appellant to Appellee Federal Election Committee's Motion for Summary Affirmance to the merits panel, filed. SEND TO MERITS PANEL. (CH)
Bookmark.
Berg IS a democrat. He support Hillary.
02/03/2009 LETTER from Appellee Federal Election Commission, received pursuant to Clerk's Order dated 1/28/2009 informing the Court that they intend to file a formal brief, unless the Court should grant the Commission's Motion for Summary Affirmance before its formal brief is due. Certificate of Service dated 02/02/2009. (CH)
Where? Which Article?
UPDATE
His situation is different. What other cannidate in anything like recent times, had a foreign national, who never became even a legal resident, let alone a citizen? Even Chester Arthur's father eventually was naturalized, while Obama's father, who apparently had a big influence on him, even in abstenia, went home to Kenya. Meanwhile the man, Barrack Jr, was raised for some of very formative years in a foreign country, attending their schools as one of them. So, per the very purpose of the Natural Born Citizen requirement, that of avoiding foreign influence in the office of the President, Obama merits higher scrutiny. Now, if he had practiced his vaunted "transparency" last summer and granted access to either his Certification or Certificate, and preferably the latter, of birth, since the former may not contain sufficient information for a determination of natural born status, well then the issue would have been hashed out and be over by now. Instead he sent his lawyers to argue standing and other technicalities that do no go to the truth of the issue.
He either is or is not eligible to the office of President. I for one would like to know "the truth" of that matter. Wouldn't you?
Ping me if they reply to your question about whether they want to know the truth or not.
I do apologize for being ignorant in legalese, even the simplest. Could you or someone explain what comment #223 means?
Me too! Please?
A formal brief goes into a great deal of detail and can be quite lengthy. Summary Affirmation is more or less a synopsis. They are just letting the court know that if the court does not accept their concise form they intend to file the more complete form. Back at post 8, I think is an out line for the rules, you may want to download it. It is pdf.
Before taking summary action, the court will afford the parties an opportunity to submit argument in support of or in opposition to such disposition if briefs on the merits have not already been filed.
Summary action may be taken only by unanimous vote of the panel. If a motion panel determines that summary action is not appropriate at that time, it may, in lieu of denial, refer the matter to the merits panel without decision and without prejudice.
refer the matter to the merits panel without decision and without prejudice.
Does this help you understand what is happening?
Awfully wishful thinking there, Steve Hajjar.
WHen I say that I am dumb about legal stuff I am not exaggerating. So the 0bama side is saying that they may file something? Is this right?
Is that Revelation 13?
Thank you very much. (I have to confess, I’m still re-reading for about the eighth time, but I’ll get it... I’ll try to not fall too far behind the stragglers :)
That aside, the fact that there is still credible doubt as to bo’s constitutional qualification to be POTUS is frightening. I hope that this is resolved and that little barry gets sent packing. Who knows, maybe he will end up in Leavenworth (sp) with some of the club gittmo visitors?
BP is Obama et al also filing a response?
FEC - but are they a party to the suit? I thought they were the object of the suit, alongside of 0bama.
You realize you’re explaining to a seriously real ignoramous. I read but the legal stuff really floors me.
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