Skip to comments.Senator Obama and the DNC File for Dismissal of Berg vs. Obama
Posted on 09/27/2008 7:08:56 PM PDT by Dajjal
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Hope we find out BEFORE the elections (hey a guy can hope:-)
He doesn’t. The case will be tossed.
As for ‘why not just ...’. Because you shouldn’t. You should never get involved in a lawsuit if you don’t have to.
They don’t have to. He has no ‘standing’ to sue them.
“The differences we witness between the Luo, the Kikuyu, the Kamba, or the Maasai are irrelevant,” he warned. “If Kenyans were rich, maybe the arguments would make sense. But OUR people are poor and need help.”—Barack Obama
In Speech in Kenya.
I tried to find something also and couldn’t.
You would think a judge would rule that everyone has a stake in this.
So obama is sitting back and letting judges, law clerks, lawyers and the media waste their time when all he has to do is present his original birth certificate.
I wonder if a curious clerk at the city records ever tried to find a birth certificate in obama’s name. If one isn’t found and the number sequence shows none existed, is obama going to blame the Republicans. Silly question.
“I do have to wonder why he just doesnt produce the document “
See my #16, they may simply be avoiding setting a legal precedent in which a method or requirement for presidential eligibility is set. Currently there is no “controlling legal authority” or process to determine, at a federal level, whether a candidate fits the constitutional requirement. All of the federal laws deal with finance, not eligibility, and no state law that I could find deals with the issue at the state level (I have not checked all 60 states).
From reading PUMA blogs, I know that there are angry PUMAs in every state putting pressure on the
57 50 election commissions and attorneys general to verify BHO's birth certificate before allowing him onto their ballots. There are probably some individual Republicans doing this too.
But I have not heard either of any state GOP joining the effort, nor of any state commission going public with demands on BHO to prove his eligibility.
No, not that one. Thanks!
But I do regularly visit Texas Darlin's blog (the one Kickapps links to):
I agree. Plus, I believe that, even if the Dem lawyers said to BHO "Hey, let's just show the judge the birth certificate and then sue Berg for libel" that BHO would stonewall his own lawyers, and tell them to think of something else.
Alan Keyes says he is still running for president. Maybe he would join Berg's lawsuit. :)
Perhaps this is our first sip of the Newest Deal; I really fail to see how a Federal court doesn’t have juristiction over Federal election law in the first test. In the second, standing, I think any citizen would have standing if there are laws being bent or broken regarding Obama’s candidacy because it hurts everyone.
At any rate, it’s more than likely just legal BS trying to get an easy pass. I wouldn’t expect Obama’s attorneys to roll over and play dead.
“I really fail to see how a Federal court doesnt have juristiction over Federal election law in the first test.”
There is no Federal election for president- that could be why.
Yes, and we predicted that it would happen when the suit was filed.
If it contained all of the information that the forgery had, and also looked like it, too, then he would have shown it already to a neutral third party, and use that to squelch everything else.
What I don't understand is why this matter has never been brought up on the House or Senate floor
No one wants to be the first to bring it up for fear of the R word.
Philip Berg may have his faults, but he's got guts.
Re: “Alan Keyes says he is still running for president. Maybe he would join Berg’s lawsuit.”
Well, Alan (or his party) tried that - against McCain - in California. The judge tossed that case too. See http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03836/206145/39/0.pdf.
In short, the Robinson judge said: “Turning to the viability of the case at large, plaintiff has no standing to challenge Senator McCains qualifications. Plaintiff is a mere candidate hoping to become a California elector pledged to an obscure third-party candidate whose presidential prospects are theoretical at best. Plaintiff has, therefore, no greater stake in the matter than a taxpayer or voter.”
The judge then went on to explain the “proper” method for challenging the qualifications of a Presidential Candidate, pursuant to Constitution, Article 2, 3 U.S.C. 15, and Amendment 20 (See Opinion at 3-4).
The court concludes:
“It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications for president are quintessentially suited to the foregoing process. Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review if any should occur only after the electoral and Congressional processes have run their course.”
So — should be an interesting December.
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