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
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.
The Obama scum are throwing the judge a life raft. Now let’s see if he’s corrupt enough to grab it.
You need better documentation to board a plane than to run for the presidency.
Please, try not to think about that too much.
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.
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!
Have you seen this?
http://community.mccainspace.com/kickapps/_NOT-A-CITIZENTHANK-YOU-HILLARY-and-PUMA/blog/108792/41158.html
Seems to me every voter is an interested party.
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.
The harm is that he is being denied the opportunity to vote for an authentic Democrat party candidate.
If Obama is violating our Constitution, then any and all citizens are interested parties, seems to me..
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!
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.
“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.
- Traveler
If all that is needed for standing is a competitor for the nomination, how about Mike Gravel?
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.
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.
“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.
Or, the birth certificate states that his father is actually (the man who Obama more closely resembles) Frank Marshall Davis.
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