(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...
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...
But if Berg filed the document on 11/7 isn’t that when the status of Senator would be considered not on 11/15.
Well anyway hope you are right and Obama gets served. Of course now he is (p)resident and does he get served?