Skip to comments.Berg to File Emergency Injunction Today, Awaits Answer from Barack Obama and DNC
Posted on 12/02/2008 5:39:08 AM PST by Calpernia
One day after the deadline set by Supreme Court Justice David Souter for Barack Obama and the DNC to respond to attorney Philip Berg's Petition for Writ of Certiorari has passed without an answer, Berg is filing a motion in the Court in an attempt to further prevent Obama from taking office in January as the 44th president of the United States.
From what I could gather, the emergency motion for immediate injunction contains two main parts -- in filing the motion, Berg is looking for the Court (1) to prohibit the certification of electors by the governors of each individual state in order to stay the Electoral College from casting votes for Obama on December 15, and (2) to stay the official counting of any votes for Obama by Vice President Dick Cheney, the House of Representatives and United States Senate on January 6, 2009, pending any decision on his appeal.
"As I've said over and over and over again, we're headed toward a constitutional crisis, and it is absolutely imperative that we find out now, before he is sworn in, whether Obama is qualified under the United States Constitution to be president," Berg said.
"It is my firm belief, my one thousand percent firm belief," he said, "that he does not meet the natural born qualifications, that he should not be voted for by the electors, and that he should not be sworn in this January unless he shows his credentials ... which he of course cannot, simply because he does not have them."
The motion comes one day after Obama and the DNC were directed to respond to Berg's Petition for Writ of Certiorari (the parties, however, are allowed two more days for mail service). On Wed., Nov. 19, the Federal Election Commission formally waived its right to respond to Berg's petition and, while such waiver is not necessary, neither is any such response to a petition. Like the FEC, Obama and the DNC could essentially bank on the low odds that any one matter will be heard by the Court (only somewhere between 70 and 120 of the approximately 8,000 petitions are granted each year), or rely on arguments already made that Berg lacks standing to sue at all.
5th Obamagate case reaches the Supreme Court
Berg Update Ping
An interesting example of leadership: do nothing and hope that the potential problem does not grow into an actual problem.
Typical affirmative action hire.
Be prepared for the “there is no controlling legal authority” claim. Jeffrey Toobin was on CNN yesterday and said that Hitlery should just ignore the emolument clause of the Constitution since no one has standing to sue.
No typical. But affirmative action, sure. But not typical.
If Obama is found to ineligible for the office of President of the United States, will the Electors chosen by his people still be allowed to select the next President? Presumably they will choose a Democrat: Biden, or worse, Hillary.
If Obama is found to be ineligible, won't that mean that "his" Electors are also ineligible to cast their votes in the Electoral College?
Very very interesting. Where there’s smoke there’s fire.
We are starting to get some traction, the MSM will have to start picking this up soon. The sad thing is that millions of Americans have no idea these cases are present and moving forward. We had 14 people at Thanksgiving and not a single one of them knew about the lawsuits - one is an Air Force Captain!
Jess, at this point I believe the consensus is that anybody is better than Obama. The list of people who might be authorized to take POTUS depending on which theory you subscribe to are: Biden, Hillary, and Cheney. In another lawsuit Donofrio argues that McCain is also not eligible so that rules out McCain / Palin if that is true. Again the consensus - anybody but the big Zero.
Speaking of the MSM, did you all see this?
Obama Vs. Constitution (60 Sec. TV Ad)
“Hitlery should just ignore the emolument clause of the Constitution since no one has standing to sue.”
And she’s been bought off with Sec. of State.
This is going to go nowhere, and Souter is accommodating them?
“... since no one has standing to sue...”
Then why have a constitutional requirement at all?
So what’s the judge saying? That we are all on the honor system when it comes to constitutional requirements?
Somehow I don’t think the Framers had that in mind.
Souter from what I hear is the one to call for the “fix”.
About every other DU thread has a poster saying “We should call Souter” for this and that to support their agenda.
Myself if these cases get stonewalled is to question Souter himself, ALL THE WAY.
You can't bet on a horse that wasn't in the race.
I was just thinking the same thing. Wow! My God what is happening?
I think this is the usual method for Obama. No leadership skills means poor leadership, often resulting in disaster. (Note: Rabble rousing is not effective long term leadership on a national level.)
Keep in mind that Souter wrote the opinion in the Kelo case that held that private property could be taken for private purposes, despite the 5th Amendment requirement that eminent domain be used only for public purposes.
Are you saying that Electors will have to choose from only those (eligible) people who were on the ballot? In other words, McCain, Nader, Barr, Keyes, etc.?
I hope you are right. I was under the impression that the Electors could choose whomever they wanted, hence Hillary.
No, what he is saying is that those who actually vote for the president are the ones who have standing to question situations such as this. That would be the electoral college and not us. Consider the following:
Almost everyone in America, thanks to the presidential election mess of 2000, knows that the Constitution provides that the president will be selected by an Electoral College, not by direct popular vote. Only 538 persons, representing the slates of electors chosen by voters in the fifty states and the District of Columbia, actually vote directly for president.... http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/electoralcoll.htm
Obama answers to NO ONE.
Save the Constitution Ping.
Not going anywhere? The court reviews on Friday December 5th Bergs suit and votes if the full court should hear the case. Only requires 4 yea votes.
And did you read the article? It must have been post marked by yesterday, and two days for the mail. So not really late until COB Wednesday.
You REALLY think that the Obamanation has a snowball’s chance in hell of being ruled illegal?
I believe that Obama is using every means to erode the Constitution for his own personal benefit. One reason he may have chosen Hilary is so that he could emphasize the point that exceptions must be made and that the Constitution must be adjusted to fit the times and situations we face.
Nope. We elect electors. They get to choose the President. So far, nobody has filed suit to force an elector to vote for the candidate they pledged to vote for, or to vote as directed by the state.
We presume they will vote for the candidate, although there has been an occasional elector which voted for a different candidate as a protest.
In fact, one could argue that for the November 4th election, the only thing that really needed to be certified was that the electors were legally allowed to be electors, since we voted for the electors.
It’s the electors that have to choose a legally qualified President. That’s when I would expect a legal challenge to be found credible, if there would ever be such a time.
There is zero chance Berg will get a court to stop the appointing of electors, or stop the electors from meeting. Neither the votes for the electors, nor the gathering of the electors, is invalid or unconstitutional.
The only argument Berg has is that Obama can’t be chosen — so until the Electors choose him I don’t think there is standing to sue.
And yes, if the electors decided Obama was not constitutionally qualified, they could really pick anybody else they wanted to be President. I don’t think they would be bound to pick Biden, they could make Biden somebody else’s VP.
There is nothing in the constitution specifying WHO the electors need to vote for, other than the rule that each elector must chose either a President or a VP from a state other than themselves (meaning that if a party runs two people from the same state, at least one of them can’t get the electors from that state. SOme people misunderstand this to mean you can’t have a Pres and VP from the same state, but for almost any election, you could still win even if you had to split the electors from one state).
If he is ignoring the Supreme Court now, wait till he gets to the White House!
Good news! Go Berg, go!
That would be most appropriate, since the entire DNC and mainstream media participated in, and propagated this fraud. I sure hope the SCOTUS agrees.
I thought the same thing about Hillary. Well if it’s ok here, well it’s ok over here too!
Now that "Obama" finished the first part of his job, i.e. acceptance of BushClinton and celebration of the "Obamanation of Desolation" (2), "Obama" can step down as president-elect (3) and begin playing the second part of his role. (4)
I cannot imagine a that a majority of Democratic Electors would choose anyone else, if Obama is out. She was their second choice after all, and they can still have Biden as VP if they want him.
Hillary is an opportunist, and she will seize any chance that she gets to achieve her goal of the Presidency.
Either way, Hillary will be the big winner here. If Obama is inaugurated, she is four heartbeats away from the Presidency. If Obama is declared ineligible due to fraud, Hillary steps in and "saves" the country.
That is why my first question is relevant. If the Obama's Electors maintain their voting rights in the Electoral College, they being Democrats, will choose Hillary, once Obama is declared ineligible.
However, if the election were declared null and void, then "Obama's" Electors would not be allowed to vote in the Electoral College.
No. They can't. Check "Faithless Elector" laws.
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