FEC joins call to throw out suit against Obama (Berg's challenge of BHO's citizenship)

The Morning Call (Allentown, PA) ^ | 10/22/08 | Kevin Amerman

[Born Conservative]

The Federal Election Commission has joined Barack Obama and the Democratic National Committee in asking a federal judge to dismiss a lawsuit filed by a Montgomery County attorney seeking Obama's ouster from the November ballot.

Philip Berg, who claims the Illinois senator was born in Kenya and can't run for president because he isn't a natural-born U.S. citizen, has no standing to make the claim, according to the FEC.

The motion, filed Tuesday in U.S. District Court in Philadelphia, echoes one filed last month by Obama and the DNC that states Berg hasn't demonstrated how he personally would suffer even if his ''ridiculous and patently false'' claims were true.

[silverleaf]

It also implies that a citizen has no standing to demand that elections be conducted according to the US Constitution unless that citizen can somehow prove quantifiable personal damage if the Constitution is violated?

Are we in Catch-22 here?

The FEC is against vetting a candidate for President of the USA. wtf

[meatloaf]

That is my concern. I haven’t seen the case law, I’m not a lawyer BTW, but a lawyer who looked at it told me Berg doesn’t have standing. That brings up the question about why the court didn’t throw it out on that basis. I’m hoping the delay in the court doing anything is positive for Berg.

The Obama train has come close to running off the track a number of times. I’ve got my fingers crossed but I’m not holding my breath. I am trying to get people out to vote. That’s the real showdown.

[PreciousLiberty]

“The Federal Election Commission has joined Barack Obama and the Democratic National Committee in asking a federal judge to dismiss a lawsuit filed by a Montgomery County attorney seeking Obama’s ouster from the November ballot.”

I’ve lately been wondering if somehow I fell through a dimensional gateway and I’m now in an alternate universe. I mean, is it not the FREAKING RESPONSIBILITY of the FEC to ENSURE that NObama is eligible? And instead they’re FIGHTING such discovery?!?

Get out there and vote, it may still be possible to save the country!

McCain/Palin ‘08!

[John Valentine]

The problem is that there is probably precedent that works against Mr. Berg.

And the main problem seems not to be “standing” per se, but that the Constitutional bar doesn’t actually come into play until the Electoral votes are cast in the Congress in December. That’s when the President is actually elected.

The problem with this approach is obvious. By then the damage to the social fabric is done.

I think that the right judge could and should grant Mr. Berg’s motion, and let the chips fall.

[danamco]

Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

So WHO (We the American people?) have standing when it comes to that WE are "hiring" our President, hmmm???

[G.Mason]

I won't be getting in any boxcar, if I can help it.

I will say this ... should the 0bomination get in, I will not be posting anything here again.

LOL ... that should make quite a few very happy. ;)

[noob4palin]

“Berg hasn’t demonstrated how he personally would suffer”
I believe it is Berg’s arguement that as a Democrat, his candidate is not qualified to hold office. Therefore, by nominating Obama, the DNC has left him without a valid candidate. Thus disenfranchising him and the Democratic voters. If I were the judge,I would agree.

[Dick Bachert]

NO STANDING???

ANY American citizen who reveres the Constitution and believes its provisions mean what they say would have standing.

Man, this is getting really freaky.

[EagleUSA]

That tells me the FEC would be humiliated if it was found out they had allowed a candidate to get this far who wasn’t vetted properly (i.e. in relationship to citizenship.)
:::::::
Without a doubt. The FEC is complicit in this fraud and hoax. Washington, as has been noted on millions of occasions now, is TOTALLY OUT OF CONTROL. The concept of a nation of laws is a joke. They only apply to people who get in the way of the political class and its influence peddlers.

[danamco]

That tells me the FEC would be humiliated

Translated = CYA!!!

[Frantzie]

Who the h*ll is the FEC to butt into this? Are they Obama shills working with ACORN.

The good news is his suit is starting to be taken seriously. It is on the radar now. I hope his pappy was not that Frank scumbag pedophile pervert guy. I am quite sure he was born in Kenya but what if that Frank guy was the father?

We need to file it in the other 48 states to go with Berg and the brave guy in WA.

Is it 48 other states or 56? I think our overlor and Big Brother want to be said it was 58 states.

[Boonie]

Wrong....This remains news until Obama produces a birth certificate...

Who do you favor in this election?? Be truthful....

[TheBigIf]

This news source is misreporting the facts according to someone I just spoke to at the FEC. They did not join the Obama campaign or the DNC in asking for a dismissal as the article claims. They simply said that they do not have standing being that they were listed as a defendant. They made no claim as to Berg’s standing in the case.

[MrB]

You’ll find this common amongst those who ascribe to the leftist ideology -

if the rules don’t provide the desired social outcomes, the rules are wrong and must be ignored. Social outcomes trump the rule of law in every case (in their ideology).

[John Valentine]

There would be NO problem with standing if this action were taken by the United States Department of Justice.

But, given the hate in the Obamanation for the Bush administration, imagine what would happen if the government stepped in. Never happen.

I frankly do not see any reason for denying standing to a citizen asking for enforcement of constitutional requirements and the verification thereof BEFORE the election. The harm comes in potentially wasting a vote on an ineligible candidate. It seems obvious as sunshine to me.

[rollo tomasi]

Obviously we are getting a lesson on what happens when a country is no longer a nation of laws.

Apparently Bush does not give a hoot.

"The executive Power shall be vested in a President of the United States of America."

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

"...he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices,..."

The Federal Election Commission is an arm of the President who "anoints" the six member commission. Of the democrats, Bush should of just selected the 3 most conservatives dems/Repubs he could find. Of course he could care less since he has shown himself to be a domestically impotent, incompetent, milquetoast. Bush's commission is sure doing a bang up job tracking Obama's cash.

[antiRepublicrat]

If the plaintiff doesn’t have standing as a voting citizen, and the FEC doesn’t have standing, then who does? Somebody HAS to have standing for this constitutional issue. I think Obama would argue that no person or government body has standing so that his citizenship can’t be questioned.

[danamco]

4. A little rope-a-dope to keep the Republicans focused on this issue only to release a birth certificate right before the election.

But that won't CUT it, because of dual citizenship according to Michelle Ma Bell!!!

[elpadre]

“The Federal Election Commission has joined Barack Obama and the Democratic National Committee in asking a federal judge to dismiss a lawsuit....”

Why?? Is such action part of the federal law which charters the FEC?? or even implied??

There must be some merit to the case if there are so many groups entering the litigation on Obama’s side.

[danamco]

SCOTUS, here we come........

They sided with ACORN's criminal voter registrations in Ohio, hmmm!!!