Skip to comments.FEC joins call to throw out suit against Obama (Berg's challenge of BHO's citizenship)
Posted on 10/23/2008 7:18:55 AM PDT by 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.
(Excerpt) Read more at mcall.com ...
or Davis is the father...maybe he is listed on the birth certificate.
Maybe He was born in Hawaii, is eligible, but davis is the father.
There is some reason why he isn’t producing it. If no father was listed this would not be a big deal but if Davis was listed..it would be.
All kinds of speculation taking place and so many possible reasons....
Excellent point. Because Berg donated to Hillary the Obama fraud harmed him. Berg has standing.
Here is what I think will be Obama’s defense.
1. Yes I was born in Kenya.
2. The embarrassing part is this Frank Davis pedophile/marxist/sex pervert is my real dad and he was an American so I Obama am an American.
Now the question is how do we prove who the dad is? Both men are dead? DNA from a family member in Kenya?
What a mess. The FEC will not touch this nor will the Supreme Court or Congress???
Nothing on their site shows that they are mandated to enforce the Constitutional requirements for POTUS. Their sole task is about financing!
We are voting for a person who can send our sons and daughters off to war and make decisions that effect our national safety and well-being. Every American has standing in this regard. Is it unreasonable to expect that someone seeking the presidency should therefore provide evidence of their ability to satisfy a few simple requirements for such high office? The willingness to look the other way with Obama has reached ridiculous proportions.
True. But under what bizarre theory of "standind" does ANY US citizen not have standing to challenge the legal qualification of a candidate for presidency.
I'm not a lawyer (though I am the Pro Se Defendant from Hell with plenty of battle scars to prove it). But as I understand it, to have standing you have to show that you have a direct interest in the matter before the court, and that you stand to suffer damages.
I would argue that any US citizen meets that standard. Clearly, having a president in office who is not Constitutionally qualified damages every US citizen.
That said, I am not taking a position here on whether or not Obama is, in fact, a natural-born US citizen (although I do have my suspicions).
the Constitution does not give standing to a private citizen? I don’t know, just asking!
A pox on all their houses!
Whoever I spoke to on the phone at the FEC lied to me. Here is their court filing for dismissal claiming that Berg has no standing.
I am calling back.
In Washington (202) 694-1000
This guy is only succeeding in looking like a lunatic,
So why did Obama post a patently fake birth certificate to the web?
A most excellent point and very well put. Wasn't the Dem cry "make every vote count"?
Berg named them as a defendant, so they had to respond. Basically, the FEC is claiming they have no authority or duty to investigate Obama's eligibility; and they do have a point. Berg was just coving all the bases because if he did not include the FEC, the Democrat party and Obama would have claimed that Berg did not include the FEC as a required party to the suit, which would have caused further delays.
So who WOULD have standing? ACORN? NOBODY? If Sarkozy decided he's like to be simultaneously President of France and the US, WHO would "have standing" to challenge that?
You lawyers can't explain anything.
Don't know and don't care. Doesn't change the fact that he would still be a citizen of the U.S.
The only thing that would carry any weight as regards his citizenship is if someone could product evidence that Obama, as an adult, renounced his citizenship. There's not even been a whisper of such a thing.
This is a silly waste of time and only makes this guy (and others like him) look like they are a couple of sandwiches short of a picnic. Better to concentrate on things that can actually get some traction, such as Obama's 'share the wealth' statement.
There are three requirements for standing: Injury, causation, and redressability.
Injury: The plaintiff must have suffered or imminently will suffer injury - an invasion of a legally protected interest which is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
It might sounds stupid to you, but those were the facts at that time, unfortunately for him!
Dallas Cowboys can't change the rules in the middle of the game when they are 4 touchdowns down!!
That is the reason we have reviews rules there!!!
LOL Please copy and paste where I ever said that. Oh, that's right, you can't. I never said such a thing.
You'll find out that you must be a "natural born citizen" which means that you have to meet certain standards of birth and parentage.
Indeed. And Obama was born of a natural born U.S. citizen mother who had not renounced her citizenship, which makes him a 'natural born citizen' even if he were born outside the U.S.
Lots of good information on their website ( http://www.fec.gov/ ) Unfortunately, no email addresses.
"The six Commissioners, no more than three of whom may represent the same political party, are appointed by the President and confirmed by the Senate. The Commissioners serve full time and are responsible for administering and enforcing the Federal Election Campaign Act. They generally meet twice a week, once in closed session to discuss matters that, by law, must remain confidential, and once in a meeting open to the public. At these meetings, they formulate policy and vote on significant legal and administrative matters."
The voter or campaign contributer in an election is by definition subject to “injury”, like participation in any contest. But if the rules of the contest are violated, an injury to the process has occured.
I am seeing Scotus and potus in some responses.
Could you tell me what these mean?
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