To: billmor
We will have to wait and see, I have looked at this and agree with others that it was written by Berg who is hoping that it will be ruled in HIS favor and then the Judge would certify and sign the order. Yes you have to be careful with legal docs, making sure they have been signed and certified by the court before announcing that something was denied. However, it has not been thrown out yet so we can hope and pray.
I read the supportive part of this and he had some valid points that do seem plausible, and let's face it, ANYONE that has nothing to hide, would cough up the proof to put an end to it once and for all. It is highly supsicious that a candidate for POTUS would not have done this by now. In a civil action it is based on preponderence of the evidence. Has anyone seen Barry's answer to the original complaint? Just curious.
128 posted on
10/01/2008 9:17:17 PM PDT by
LegalEagle61
(If you are going to burn our flag, please make sure you are wearing it when you do!)
To: LegalEagle61
They waited until the last day to respond, which was Sept 24th. The motion for dismissal by BHO and the DNC 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.
It looks like they said Berg had 14 days to respond but then they bumped it up and said they needed this by Sept 29th. Schrieber from Americasright said he is surprised it is taking this long for Surrick to make a decision. Maybe that’s a good thing.
133 posted on
10/01/2008 9:22:21 PM PDT by
NoobRep
To: pissant; Calpernia
134 posted on
10/01/2008 9:22:27 PM PDT by
txhurl
(Denali/Bolton - 'Denali' is Palin's SS nickname)
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