Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Senator Obama and the DNC File for Dismissal of Berg vs. Obama
Obama Crimes ^ | Sept. 27, 2008 | n/a

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


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: barrydunham; barrysoetoro; berg; bergvobama; birthcertificate; certifigate; citizen; citizenship; clinton; colb; colbaquiddic; dnc; dunham; hawaii; hillary; indonesia; kenya; lawsuit; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; passport; philberg; philipberg; puma; pumas; soetoro
Navigation: use the links below to view more comments.
first 1-5051-68 next last

1 posted on 09/27/2008 7:08:57 PM PDT by Dajjal
[ Post Reply | Private Reply | View Replies]

To: Dajjal

Interesting response. It could all be over if they produced the evidence in question. Their stall tactics make me wonder.


2 posted on 09/27/2008 7:11:55 PM PDT by donnab (some people use change to promote their careers...others use their careers to promote change.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

Weird. Why don’t they just produce a birth certificate?


3 posted on 09/27/2008 7:12:09 PM PDT by Question Liberal Authority (Don't call us, Barry. We'll call you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

4 posted on 09/27/2008 7:12:09 PM PDT by South40
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

Why doesn’t Nobama just produce his birth certificate?


5 posted on 09/27/2008 7:12:10 PM PDT by nobama08
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

BTTT


6 posted on 09/27/2008 7:12:24 PM PDT by Jet Jaguar (Who would the terrorists vote for?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

I’m no attorney but it looks like they’re trying to say that Berg doesn’t have the power to file suit??


7 posted on 09/27/2008 7:13:08 PM PDT by NoobRep
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoobRep

“No controlling legal authority.” - VP Al Gore Junior


8 posted on 09/27/2008 7:18:34 PM PDT by weegee (Obama's a uniter?"I want you to argue with them (friends,neighbors,Republicans) & get in their face")
[ Post Reply | Private Reply | To 7 | View Replies]

To: pissant

Pingaling!


9 posted on 09/27/2008 7:18:54 PM PDT by Miss Didi ("Good heavens, woman, this is a war not a garden party!" Dr. Meade, Gone with the Wind)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoobRep

Maybe Berg could get someone who does have the power to file suit.


10 posted on 09/27/2008 7:20:01 PM PDT by TribalPrincess2U (McCAIN/PALIN...THE CHANGE AMERICANS REALLY WANT—OBAMA..THE CHANGE THE WORLD'S TERRORISTS WANT)
[ Post Reply | Private Reply | To 7 | View Replies]

To: nobama08

He’s being put through an “undue hardship” to produce the same legal paperwork that is required to obtain a social security card or obtain other state issued documents and federal employment.


11 posted on 09/27/2008 7:20:23 PM PDT by weegee (Obama's a uniter?"I want you to argue with them (friends,neighbors,Republicans) & get in their face")
[ Post Reply | Private Reply | To 5 | View Replies]

To: nobama08

Cause he can’t or won’t.

DING DING DING


12 posted on 09/27/2008 7:21:52 PM PDT by Danae (Read my Lipstick: I AM Sarah Palin)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Question Liberal Authority

“Weird. Why don’t they just produce a birth certificate?”

Obvious the truth, whatver it is, is very damaging to Barry Soetoro/Obama


13 posted on 09/27/2008 7:24:01 PM PDT by devere
[ Post Reply | Private Reply | To 3 | View Replies]

To: Dajjal

We need a judge to say, “Mr. Obama, you have the power to dismiss this claim.”


14 posted on 09/27/2008 7:24:24 PM PDT by hsrazorback1 (To get what you had, do what you did.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal
I'm guessing Hollander v. McCain will be adequate grounds for dismissal.

What I DO see, is, if Berg could amend his complaint and get Hillary to attach to it, she would have standing.

15 posted on 09/27/2008 7:28:33 PM PDT by stylin19a ( Real Men don't declare unplayable lies)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nobama08
The Dems may not want to establish a precedent in which a court determines eligibility for office.

With our immigrant situation, anchor babies, and so forth, they may be taking the long view, and just providing the data will open the door to “controlling legal authority” over eligibility.

16 posted on 09/27/2008 7:34:19 PM PDT by DBrow
[ Post Reply | Private Reply | To 5 | View Replies]

To: Dajjal

What is the basis for this? Are they claiming Obama wasn’t born in the US or he isn’t a citizen or something? That his real mother isn’t the one who he claims?


17 posted on 09/27/2008 7:37:35 PM PDT by Arguendo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal

I sent the following links to everyone on my email list without a comment. The video and Governor Blunt’s statement speak for themselves. In the subject line I put:

In Case You Are Interested In Breaking News

http://www.kmov.com/video/index.html?nvid=285793&shu=1

http://governor.mo.gov/cgi-bin/coranto/viewnews.cgi?id=EkkkVFulkpOzXqGMaj&style=Default+News+Style&tmpl=newsitem


18 posted on 09/27/2008 7:44:41 PM PDT by seekthetruth
[ Post Reply | Private Reply | To 1 | View Replies]

To: DBrow

So right now candidates do not need to prove they are eligible to be president prior to running (or ever)?


19 posted on 09/27/2008 7:45:49 PM PDT by nobama08
[ Post Reply | Private Reply | To 16 | View Replies]

To: Arguendo

They suspect he may not have been born in the US, and therefore is not eligible to be President. He has never presented a certified birth certificate, only a fake one.


20 posted on 09/27/2008 7:48:15 PM PDT by arichtaxpayer (We will not tire, we will not falter, and we will not fail.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Arguendo

The basis of this claim is the paternal grandmother stated he was born in Kenya and then taken four days after his birth to Hawaii. Since the mother was underage, the citizenship is to the father’s. That means obama is a Kenyan citizen.
When he was adopted by Soetoro, he gained Indonesian citizenship.

Without an American birth certificate, he isn’t elible to run for the presidency.

The strange thing is the dems started all this by thinking McCain wasn’t a citizen because he was born in the Panama Zone. The difference is he was born to American parents.

The problem with this lawsuit is the only person who can get a judgement is McCain since he’s the interested party.


21 posted on 09/27/2008 7:48:54 PM PDT by Shooter 2.5 (NRA - Vote against the dem party)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Dajjal

The Obama scum are throwing the judge a life raft. Now let’s see if he’s corrupt enough to grab it.


22 posted on 09/27/2008 7:50:39 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: nobama08

You need better documentation to board a plane than to run for the presidency.

Please, try not to think about that too much.


23 posted on 09/27/2008 7:51:14 PM PDT by Shooter 2.5 (NRA - Vote against the dem party)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Arguendo
What is the basis for this? Are they claiming Obama wasn’t born in the US or he isn’t a citizen or something? That his real mother isn’t the one who he claims?

Berg takes the shotgun approach that "on the internet, some say he was born in Kenya, some say he was born at two different hospitals in Hawaii, some say the Hawaii COLB is a forgery, some say he was born in Canada, some say he was and may still be an Indonesian citizen, etc., etc., etc."

He does not assert any conclusion. What he asserts is that there is so much confusion, a federal judge needs to look at all the evidence and theories and determine whether BHO is eligible to run. Otherwise there could be a constitutional crisis if he were elected but ineligible.

He "invites" BHO to step up and provide the paperwork to settle the argument.

24 posted on 09/27/2008 7:52:59 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Shooter 2.5

That’s just it - prior to Nobama running, I never did think about it. It was just a given that anyone running for president was constitutionally qualified to do so. I never thought of anyone having to prove it. Now I realize no one has to prove it. Loophole!


25 posted on 09/27/2008 7:56:42 PM PDT by nobama08
[ Post Reply | Private Reply | To 23 | View Replies]

To: Dajjal

Have you seen this?
http://community.mccainspace.com/kickapps/_NOT-A-CITIZENTHANK-YOU-HILLARY-and-PUMA/blog/108792/41158.html


26 posted on 09/27/2008 7:58:36 PM PDT by diefree
[ Post Reply | Private Reply | To 1 | View Replies]

To: Shooter 2.5

Seems to me every voter is an interested party.


27 posted on 09/27/2008 7:59:07 PM PDT by nobama08
[ Post Reply | Private Reply | To 21 | View Replies]

To: Dajjal

Why file a motion when the Obama campaign could easily and inexpensively lay all of this to rest... produce the REAL documents...

How hard could that be? Yet they continue to stonewall.


28 posted on 09/27/2008 8:06:06 PM PDT by TheBattman (A vote for the "lesser evil" is still a vote for evil!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dajjal
. . Mr. Berg, as an individual voter "does not have standing based on harm he would suffer."

The harm is that he is being denied the opportunity to vote for an authentic Democrat party candidate.

29 posted on 09/27/2008 8:07:13 PM PDT by aimhigh
[ Post Reply | Private Reply | To 1 | View Replies]

To: Shooter 2.5
"The problem with this lawsuit is the only person who can get a judgement is McCain since he’s the interested party."

If Obama is violating our Constitution, then any and all citizens are interested parties, seems to me..

30 posted on 09/27/2008 8:10:23 PM PDT by drc43 (NO Drilling for prosperity!!....Nancy Pelosi)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Dajjal

Yep, he ain’t no US citizen!

We might find that out as we sit down to our(American) Thanksgiving dinner.

Meanwhile, 0bama might just be our president elect, and we are all screwed by this empty suit imposter!


31 posted on 09/27/2008 8:15:07 PM PDT by aShepard (Loose lips Sink ships)
[ Post Reply | Private Reply | To 1 | View Replies]

To: devere

Its pretty obvious he doesn’t have a birth certificate
otherwise he would turn it over-
even if he wasn’t born in the US, his mother was a US citizen so that can’t be the reason....I know all the old threads say she was too young to claim citizenship for him if he wasn’t born in US...but that reason doesn’t make sense because it would just be overlooked by the press and the dems and wouldn’t matter.

So it has to be one of two things-
Someone else was his mother
Or he really isn’t Barack Obama.


32 posted on 09/27/2008 8:17:20 PM PDT by okokie (40 days of Prayer and fasting to end abortion Sept 24-Nov 2 http://www.40daysforlife.com/splash.cfm)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Shooter 2.5

“The problem with this lawsuit is the only person who can get a judgement is McCain since he’s the interested party.”

The American people will be those harmed so THEY are the interested party.


33 posted on 09/27/2008 8:20:40 PM PDT by okokie (40 days of Prayer and fasting to end abortion Sept 24-Nov 2 http://www.40daysforlife.com/splash.cfm)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Dajjal
A question for the FReepers here In any election , the state election commissioner (or similar state official) is required to certify the ballots to ensure that all candidates meet the requirements to even be on the ballots. Now maybe I'm missing something here, but has any state election commissioner verified nObama's credentials? Or am I going in the wrong direction with this line of questioning?

- Traveler

34 posted on 09/27/2008 8:23:29 PM PDT by Traveler59 (Truth is a journey, not a destination.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stylin19a

If all that is needed for standing is a competitor for the nomination, how about Mike Gravel?


35 posted on 09/27/2008 8:34:16 PM PDT by John Semmens
[ Post Reply | Private Reply | To 15 | View Replies]

To: Dajjal
You forgot to mention that Obamam and the DNC filed this motion on the very last day for him to reply to the suit. Totally legal, but cowardly, nevertheless.

The argument that they are trying to make is that it's a candidate, and not an individual voter, who is harmed by disenfranchisement, or the potential for it, and only the candidate can provide any substantive evidence of that harm, whereas the voter cannot be said to have been materially harmed in any way that this court, whose jurisdiction in this suit is also called into question, would be able to provide injunctive relief to the voter.

The call for Hillary to get involved would be nice, but it's not going to happen.

36 posted on 09/27/2008 8:35:54 PM PDT by Polarik ("The Greater Evil")
[ Post Reply | Private Reply | To 1 | View Replies]

To: nobama08

When I looked at the constitution and fed law, I found that there is a requirement for age and for being “natural born”, but no process to check that, nobody who officially says, yup, she’s OK to run, she’s natural born.

You file to run in 50 states, not federally, and the states I looked at have no check mark on the forms for “natural born”.

The issue came up with Goldwater and earlier with McCain (Arizona Territory and Canal Zone) but there is no federal vetting process I could find.


37 posted on 09/27/2008 8:41:21 PM PDT by DBrow
[ Post Reply | Private Reply | To 19 | View Replies]

To: John Semmens
I suppose, but Hillary finished 2nd. Check out the DNC\Obama response in their motion to dismiss. .

It is well established, however, that a voter's loss of the ability to vote for a candidate “of their liking” does not confer standing because the actual injury is not to the voter but to the candidate. “

38 posted on 09/27/2008 9:00:53 PM PDT by stylin19a ( Real Men don't declare unplayable lies)
[ Post Reply | Private Reply | To 35 | View Replies]

To: donnab; All

“Interesting response.”

It’s a fairly standard response, and it is not unusal for a defendant to file a motion to dismiss on the last day that a responsive pleading is due.

Looking at it dispassionately, it is simple, by-the-book litigation technique, and nothing unusual.

Most of their memo is spent citing cases on the standing issue, and there seems to be some cases that hold that an individual voter has not suffered a “personal injury”, and that being disenfranchised does not meet that threshold.

they also cite the recent Mccain decision from S.F. that dismissed that case on standing.

If the cases they cite are correct (and I’d think they are, as you really dont want to mess around with the Federal Court and misrepresent what cases stand for)then it would appear that it is the opposing candidate who is the proper party to bring the suit.

Dont kill the messenger here- i’m just preparing you for the very real possibility that this case may be dismissed on those grounds.


39 posted on 09/27/2008 9:02:51 PM PDT by Canedawg (Democrats ARE Nazis.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: DBrow
"So it has to be one of two things- Someone else was his mother Or he really isn’t Barack Obama."

Or, the birth certificate states that his father is actually (the man who Obama more closely resembles) Frank Marshall Davis.

40 posted on 09/27/2008 9:06:57 PM PDT by research99
[ Post Reply | Private Reply | To 37 | View Replies]

To: Shooter 2.5

“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.


41 posted on 09/27/2008 9:15:21 PM PDT by devere
[ Post Reply | Private Reply | To 21 | View Replies]

To: research99

Good point, but I think you’re responding to someone else’s post. No problem here, but I thought I’d tell you.


42 posted on 09/27/2008 9:16:29 PM PDT by DBrow
[ Post Reply | Private Reply | To 40 | View Replies]

To: okokie
So it has to be one of two things-

a)He was not born "on US soil", thus a constitional issue or

b)His real name is Barrack Hussein MUHAMMED Obama and he's a Muslim, thus a political embarrassment.

I say the second. IMHO
43 posted on 09/27/2008 9:20:22 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 32 | View Replies]

To: Canedawg

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.


44 posted on 09/27/2008 9:23:36 PM PDT by donnab (some people use change to promote their careers...others use their careers to promote change.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: Canedawg

“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.


45 posted on 09/27/2008 9:29:54 PM PDT by devere
[ Post Reply | Private Reply | To 39 | View Replies]

To: devere

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.


46 posted on 09/27/2008 9:41:03 PM PDT by Canedawg (Democrats ARE Nazis.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: RedMonqey

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-


47 posted on 09/27/2008 9:46:44 PM PDT by okokie (40 days of Prayer and fasting to end abortion Sept 24-Nov 2 http://www.40daysforlife.com/splash.cfm)
[ Post Reply | Private Reply | To 43 | View Replies]

To: donnab

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.

:-)


48 posted on 09/27/2008 9:50:03 PM PDT by Canedawg (Democrats ARE Nazis.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: Dajjal

I hope this is the RNCs Obtober surprise....that Obama is not a natural born US citizen. Kenya thinks he was born there.


49 posted on 09/27/2008 9:51:22 PM PDT by CodeToad
[ Post Reply | Private Reply | To 1 | View Replies]

To: Shooter 2.5
only person who can get a judgement is McCain since he’s the interested party.

I'm an interested party and I would think the majority of American Citizens are, also. Why would something as important as this - be in control of only one man - in this case, McCain?
50 posted on 09/27/2008 10:00:24 PM PDT by presently no screen name
[ Post Reply | Private Reply | To 21 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-68 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson