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To: BrerLion

The eligibility case he refers to (see post 200) is false claims action. He is saying that Senator Obama received government funds as Senator but was not eligible because he is not a NB Citizen as is required for US Senator also.

However something is fishy there because I think Senators are exempt by the US Code

http://quitamguide.org/federal-false-claims-act-title-31#3729e

“(2) (A) No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought.”

This is all above my pay grade but this could have been dismissed by now if it is not valid. Maybe they are hanging on to it to keep it from going public.


275 posted on 01/29/2009 8:41:05 AM PST by Hang'emAll
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To: Hang'emAll

I’m out of my comfort zone on the legal stuff. Actually, it was the fact that the sealed case is a false claims action (which appear to be long-term procedures) that made me wonder why he would be talking about movement or unsealing on the sealed case. I just couldn’t (can’t) connect the dots.


276 posted on 01/29/2009 8:53:52 AM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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To: Hang'emAll
However something is fishy there because I think Senators are exempt by the US Code: http://quitamguide.org/federal-false-claims-act-title-31#3729e

“(2) (A) No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought.”

See my post above:
http://www.freerepublic.com/focus/news/2172366/posts?page=267#267

Obama was still an Elected official (Senator) until he resigned on Nov 15. An important note is Nov 15 to Jan 8, Obama was "just Mr. Obama." Obama became President-Elect on Jan 8, recognized by the 20th Amendment. However, because of the compressed timeline, there was probably not enough time to complete an investigation by Jan. 7...

So, as it's been speculated, Bush's final Executive Order was an attempt to give more time for the system to work, to conduct investigations. It would also explain why Obama's tried to block the investigation portion of Bush's last EO, but may not be successful in end in overriding it...

280 posted on 01/29/2009 9:35:34 AM PST by BP2 (I think, therefore I'm a conservative)
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