Posted on 09/27/2008 7:08:56 PM PDT by Dajjal
On Thursday September 24th, 2008 Senator Obama and the Democratic National Committee filed a motion to dismiss the Berg vs. Obama lawsuit on the basis that the Court does not have jurisdiction because Mr. Berg "lacks standing to challenge the qualifications of a candidate for President of the United States."
Senator Obama and the Democratic National Committee claim in the accompanying brief that any harm done to Mr. Berg "would adversely affect only the generalized interest of all citizens in constitutional governance" and, therefore, Mr. Berg, as an individual voter "does not have standing based on harm he would suffer." (The complete motion and brief as filed with the Court is attached below.)
Mr. Berg is preparing a response opposing the dismissal which will be presented to the Court over the next few days. At the time of filing, the Court granted preliminary standing. The Court is expected to review the Obama / DNC motion for dismissal and the Berg response quickly. The Court may hold a hearing before issuing a final ruling on standing.
The Motion for Dismissal states:
"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."
http://www.obamacrimes.com/attachments/023_Obama,%20DNC%20Motion%20to%20dismiss.pdf
Complete text of the Obama / DNC motion for dismissal and brief supporting their motion
“The problem with this lawsuit is the only person who can get a judgement is McCain since he’s the interested party.”
McCain isn’t any more the “interested party” than Bob Barr or Ralph Nader. I think we are all interested parties, but the judge could rule that the suit is “not ripe”; that we have to wait for Obama’s election to challenge his eligibility to take office.
Good point, but I think you’re responding to someone else’s post. No problem here, but I thought I’d tell you.
Thank you for that explanation. I appreciate it.
I haven’t given the case much credence, but I do have to wonder why he just doesn’t produce the document and let it be over with.
It would be so easy. I hate the lengths people go to now to obfuscate matters. Why are we not insisting that our politicians stop doing just that? And everyone of them does it.
“then it would appear that it is the opposing candidate who is the proper party to bring the suit.”
In this legal theory, is the judge supposed to take a public opinion poll to determine which opposing candidate has standing to sue? I suppose after Roe V Wade no legal decision will seem too bizarre to imagine.
I would think that any legit candidate who campaigned against him would qualify, whether it was someone who ran against him in the primary or in the general election.
It has to be something more than that because your reasons really wouldn’t matter to his followers-
not born on US soil they would gloss over all that
his name might be an embrassment but it would be forgotten
IT has to be something that couldn’t be glossed over-
You’re welcome.
It is a stonewalling tactic; rather than initially contest the merits of the case, they first attack jurisdiction. Of course, they do call the allegations “ridiculous and false”. And we do know that they did post a COLB on his web site previously (though its veracity has been called into question).
I, like almost everyone on this site, despise him, and the rest of the rats are beneath contempt. My gut feeling is that he is NOT a natural born citizen, but my previous training has allowed me to separate my personal feelings from my analysis of the merits of a lawsuit or motion.
And with that, i am adjourning for the night.
:-)
I hope this is the RNCs Obtober surprise....that Obama is not a natural born US citizen. Kenya thinks he was born there.
Hope we find out BEFORE the elections (hey a guy can hope:-)
He doesn’t. The case will be tossed.
As for ‘why not just ...’. Because you shouldn’t. You should never get involved in a lawsuit if you don’t have to.
They don’t have to. He has no ‘standing’ to sue them.
“The differences we witness between the Luo, the Kikuyu, the Kamba, or the Maasai are irrelevant,” he warned. “If Kenyans were rich, maybe the arguments would make sense. But OUR people are poor and need help.”—Barack Obama
In Speech in Kenya.
http://www.eastandard.net/obama/InsidePage.php?id=1143993758&cid=530&;
I tried to find something also and couldn’t.
You would think a judge would rule that everyone has a stake in this.
So obama is sitting back and letting judges, law clerks, lawyers and the media waste their time when all he has to do is present his original birth certificate.
I wonder if a curious clerk at the city records ever tried to find a birth certificate in obama’s name. If one isn’t found and the number sequence shows none existed, is obama going to blame the Republicans. Silly question.
“I do have to wonder why he just doesn’t produce the document “
See my #16, they may simply be avoiding setting a legal precedent in which a method or requirement for presidential eligibility is set. Currently there is no “controlling legal authority” or process to determine, at a federal level, whether a candidate fits the constitutional requirement. All of the federal laws deal with finance, not eligibility, and no state law that I could find deals with the issue at the state level (I have not checked all 60 states).
From reading PUMA blogs, I know that there are angry PUMAs in every state putting pressure on the 57 50 election commissions and attorneys general to verify BHO's birth certificate before allowing him onto their ballots. There are probably some individual Republicans doing this too.
But I have not heard either of any state GOP joining the effort, nor of any state commission going public with demands on BHO to prove his eligibility.
No, not that one. Thanks!
But I do regularly visit Texas Darlin's blog (the one Kickapps links to):
I agree. Plus, I believe that, even if the Dem lawyers said to BHO "Hey, let's just show the judge the birth certificate and then sue Berg for libel" that BHO would stonewall his own lawyers, and tell them to think of something else.
Alan Keyes says he is still running for president. Maybe he would join Berg's lawsuit. :)
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