Obama, DNC File Motion to Dismiss Berg's First Amended Complaint
Just a few minutes ago, attorneys for Illinois Sen. Barack Obama and the Democratic National Committee filed a motion to dismiss the first amended complaint, a motion for leave for which was filed by Philip Berg on Monday, October 6.
Generally, an amended complaint cannot simply be filed by an attorney -- the attorney must file a motion with the court, called a motion for leave to file an amended complaint, essentially asking that the court permit the amended complaint to be filed. That motion, the October 6 motion, is one of more than ten pending pleadings and still has not been addressed by the Hon. R. Barclay Surrick.
I am just now taking a look at it, but from a quick glance it appears as though Obama and the DNC are moving to dismiss the amended complaint on the same grounds for which they moved to dismiss the original complaint -- that Berg lacks standing and fails to assert a claim upon which relief can be granted.On September 24, 2008, Defendants Democratic National Committee (“DNC”) and Senator Barack Obama filed a motion to dismiss the original Complaint filed in this case, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), on the grounds that the Court lacks subject matter jurisdiction over the claims asserted and that the Complaint fails to state a claim upon which relief can be granted. On October 6, 2008, plaintiff Philip Berg filed a Motion for Leave to File a First Amended Complaint, together with a First Amended Complaint for Declaratory and Injunctive Relief (“Amended Complaint”). Assuming that no leave to amend is required under Fed. R. Civ. P. 15(a) because defendants have not filed a responsive pleading,1 the First Amended Complaint should nevertheless be dismissed, on the same grounds. No amendment to the Complaint can possibly cure its fundamental defects. Not only are the allegations patently false, but plaintiff lacks standing and there is no federal cause of action for enforcement of Article II of the Constitution. Nor has plaintiff set forth, i n the Amended Complaint, any other viable federal cause of action.
John Lavelle, the filing attorney for the defense, actually calls Berg out on a procedural problem which I initially noticed but was not so sure about when Berg filed the motion for leave to amend at the beginning of this month. As I had suspected could be the case, Lavelle is maintaining that his motion to dismiss was not a responsive pleading and, for that reason, Berg did not have to essentially ask the court for permission to amend his complaint but rather could have done so directly. As it were, it is a minor issue, as Lavelle goes on to say that even with an amendment--filed according to the Federal Rules of Civil Procedure or not--Berg's claims are "patently false" and he still lacks standing to sue.
"We have standing," Berg said. "We've had standing, and we established that in the amended complaint. The issue here is that we are two weeks away from the election and headed toward a constitutional crisis and Obama continues to duck and dodge behind procedure."
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64 comments:
API posted an open letter to Michelle Obama, you can find it here http://africanpress.wordpress.com/2008/10/20/an-open-letter-to-michelle-obama-after-apis-discussion-with-a-cia-official-in-oslo/
Thank you Jeff! Great work, all the way around.
I'm no lawyer, and don't pretend to know anything about the law, but if Berg doesn't have any standing, then how can one file a complaint against violations of the Constitution? Who would, in this case, would have standing to file a case and under what grounds?
I understand that the DNC and BO are just trying to delay the case, but I, and the many others that are following, get further concerned about the delay tatics that BO and DNC are using, instead of just publishing/presenting the requested documents.
I would find greater cause with BO and DNC case, if they filed that the documents are privilaged information and shouldn't be publically disclosed. I would also disagree with this, since running for a public office, his life should be more public than the rest of us.
They know this isn't gunna go away, it's just a stall tactic to get the big O in office where he will have congress covering his back. What a shame our preocess has become.
I find it hard to stomach what is in store for our constitution should he win the election.
Once he takes the WH there will probably no way ever to see that birth certificate. He'll have Hawaii print up a fake one.
So part of the defendants claim to dismiss is that the plaintiff "lacks standing and there is no federal cause of action for enforcement of Article II" Who would have standing other than a citizen of the United States to whit this person would be President? If I follow that logic then all you need to do have balls big enough to run and get nominated and even if you are not a citizen under Article II tough titties cause no one has standing?
Please tell me this won't delay this any longer.
I get the feeling this case is going nowhere.
I KNEW IT WAS TO GOOD TO BE TRUE!! BERG JUST WANTED HEADLINES AND THAT IS ALL
I've seen a couple of stories mentioning bookies paying out based on an Obama win. I can only assume that you can bet on the presedential race somewhere & do it legally (in this country or another). In that case, if I were to put $100 on McCain to win, and he lost, would I then have standing with the courts? After all, I'm out $100 dollars.
BHO--Just produce the birth certificate...oh, that's right you can't!!!!! This is infuriating and frustrating!!!!!!
I believe it has more to do with the Merits of the case. If there are no merits to the case, then the Plaintiff has no standing. Basically the DNC is saying, he has not got any evidence to prove that Obama is either a citizen of Indonesia or a Naturalized citizen. Berg is saying that he can prove his case and thus has standing to file suit. The DNC is simply using a standard that has precedence in previous SCOTUS cases in their rebuttal.
Again, I have to bring up the simple fact that the DNC and Obama can make this all go away by producing real documents proving his Natural Born Status. Bergs belief and mine, is that he hasn't because he CAN'T. Which means he does not meet the requirements for running for, or becoming POTUS. He cannot swear to uphold and defend the Constitution if he is breaking it.
I don't know if those tapes are real or not, but if they ARE then they augment Berg's case for sure. All I know is that more will be revealed.
I am truly disappointed. I wish we could get the 'October Surprise' over with so I can go on with my life. ;)
Holy cow! I do not want this guy in the white house, not even for a visit! I have the same questions as the other people who have left comments. This is proof positive that BO has absolutely no respect for The Constitution of the United States! Take him down now! With all of his criminal associates he shouldn't even be a senator.
greg goss wrote:
Who would have standing other than a citizen of the United States to whit this person would be President?
A member of the Electoral College?
This needs to be taken to the Supreme Court and it needs to be done fast.
Jeff,
Is there any information out there that you know of that can calm my nerves?
Jenny
Greg: "Who would have standing other than a citizen of the United States..."
Not to beat a dead horse, but the Hollander Judge said that only a candidate's opponent has standing to sue on these grounds. This makes one wonder about "Putting Country First" McCain. Either McCain really is "putting country first" but has looked at the claim and decided that it's baseless, or McCain is not "putting country first" in declining to file suit as the only person with standing to do so. I'm not sure which of these scenarios apply here.
The longer the delay the better for BHO-if he is elected I believe the only remedy available would be is Impeachment which will never happen with the Dems control of Congress. I believe that the latest day for Court action would probably be prior to swearing in on January 20, 2009 but immediately upon swearing in the Court will lose Jurisdiction and we may have an illegally elected President and no way to do anything about it. Oh, but the Congress could try to pass a resolution or law to legalize it! Imagine that!
This is the THIRD TIME that the DNC has TRIED to 'dismiss' this. So- DREAM ON barack HUSSEIN obama, WE WANT TO SEE YOUR REAL BIRTH CERTIFICATE. NOW.
I have written to multiple news stations regarding this case and I never see anything about it on the news. None of them answer my emails about it. I have to scour the web to find sites that are discussing this intelligently. What I have been unable to locate is whether BO had denied his adoption or not. If so, can you provide a reputable link. If he has denied it, then the alleged tapes held by API would be scathing! Thanks for any help! I'm only interested in the truth.
If Obama is elected and sworn in, and then the court rules Obama ineligible, barring a successful appeal Obama would be, in fact, in violation of the Constitution and, ipso facto, guilty of fraud, collusion, and be in contempt of Congress and the FEC. If it were found by the court Obama had lost his US citezenship and not taken measures to reinstate it, he would be an illegal alien. He could be arrested and deported, or allowed to work as a gardner or field hand. Hehehe...
Glenn Flowers
I noticed in the API open letter to MO that they failed to inform her the conversation was being recorded I must conclude *end of story*
Anonymous said...
Greg: "Who would have standing other than a citizen of the United States..."
Not to beat a dead horse, but the Hollander Judge said that only a candidate's opponent has standing to sue on these grounds. This makes one wonder about "Putting Country First" McCain. Either McCain really is "putting country first" but has looked at the claim and decided that it's baseless, or McCain is not "putting country first" in declining to file suit as the only person with standing to do so. I'm not sure which of these scenarios apply here.
I do understand the Hollander decision but I disagree. I think the Hollander argument was a primary issue and that the decision would not necessarily result in an ineligible POTUS. I think that the amount of public unrest that would arise from the revelation of BO citizenship after he wins or even is sworn in would be unprecedented. Not sure how you can show injury for that but I am sure someone with a higher pay grade than I could possible make the case, even from a public safety perspective. The scenarios are scary.
As far as McCain's roll in all of this. This is a scary position for him. No matter what he does half the electorate will cry foul, but if he is successful in proving BHO ineligibility after he wins the election would become a flagrant foul and I just can't imagine what are streets would look like.
I think he waiting and praying that he does not have to act. In any event this scary, fascinating, and quit a learning experience.
My lawyer friends say this never should have been a federal case. it should have been brought in a variety of state courts with grounds varying from one to the next. I would think standing would come from the equal protection clause - that if one of the candidates is not eligible to assume the office, then votes are being rendered meaningless and voters are inherently disenfranchised. It would only take one such case to force discovery. But this should have been done immediately after Obama won the nomination.
OTOH, the suits dismissed for lack of standing re McCain were about primaries. Primaries are party affairs and Berg argues that because it is a general election, he has standing. If this judege rules lack of standing, I too am interested to see what he says about who "does" have standing.
There will still be time to appeal to the scotus and what are they going to do? Say no-one has standing? That Article II is really just a recommendation?
If there is nothing wrong, why would Senator Obama - or Senator McCain for that matter, refuse to produce or authorize the release of birth certificate, travel documents, school applications and records, and passport stampings to the American people. Why should a lawsuit be necessary. He owes the people he is asking to vote for him complete disclosure of his past. What is he trying to hide? What is he ashamed of? What is he afraid of? If he is unwilling to do so, he should not have run for president.
I am so depressed. I thought things were looking up with the API tape of Michelle Obama and the Berg lawsuit. I admit I am worried that neither will occur before the election, and then it is all she wrote for ever having him be challenged once he is in the White House.
Can this whole case/story be compromised because of Berg's involvement in a lawsuit for 9/11 truth. If Berg ends up being one of the liberals who thinks that our gov't had something to do with 9/11 then this certainly becomes a very dark ally.
A member of the Electoral College?
A member of the Electoral College can consider the eligibility of a Presidential candidate! Electors can change their votes!
This is on Anon's post above:
Greg: "Who would have standing other than a citizen of the United States..."
Not to beat a dead horse, but the Hollander Judge said that only a candidate's opponent has standing to sue on these grounds.
Now with that I have to ask... hasn't it been said before that Hillary never said she's conceded but rather put her campaign aside? I've seen that a few places and it left an open door to many speculations.
If this is so, then couldn't SHE be the one to call this fraud on the carpet? McCain could too.
This October Surprise thing isn't a lot of fun. I feel like we as citizens are the pinatas and the government is running around beating our tax money out.
Jeff,
Can you or somebody create a HTML.
Need A freeper’s help taking and converting the following page to a format that we all can use to send to blogs and post of course here on Free republic that will give the user instant hot links to click on so that all parties we send the information to can see the various pleadings of the Berg law suit.
Does anybody know how to do this so that we all can send to freinds and to all media outlets with the info mation on Berg Vs. Obama.
The hot link is:
http://news.justia.com/cases/featured/Pennsylvania/paedce/2:2008cv04083/281573/
Heh, how would that be for an October surprise: John McCain files motion to join Philip Berg's lawsuit.
Heck, I bet the RNC could as well.
Sigh, it's a shame most Republicans don't have the balls...
Perhaps Mr. Berg should give them a call.
Should this all be true about the tape, I'm glad API is calling it an "interview". I'm not sure about international laws on privacy. Each state has it's own laws regarding it. In some, only one person (even if it's the one doing the recording) needs to have knowlege it's being done. I think the privacy laws in Norway would determine if there was wrong doing.
Since it's being termed as an interview, I think journalism prevails here. She is the one who called a place with the understanding it's a news source.
Now to be realistic...this is assuming this is all true.
I WANT MY LIFE BACK!!! LOL
You know, my state ballot has a half-dozen independents running for President, any one of which has standing.
Why doesn't Philip Berg give Ralph Nader or any of those others a call? I'm sure there's at least one that'd be willing to join the suit.
What kind of game is this federal judge playing? Surely, he has had enough time to render a decision on the motions. Could it be that he is holding out for an appointment to the U.S. Supreme Court if Obama should win.
Looks like deal-cutting time with Obama and the DNC.
Obama/Biden are encouraging early voting because as Obama says "your car may break down". When I heard the news report I wondered if they are fearful of something that would swing votes to McCain/Palin.
You folks need to remember that the polls are highly skewed and Obama is not going to win. This legal stuff is just hedging the bet.
Jeff, do you know why the FEC part of this lawsuit is no longer mentioned?
BTW, great work.
http://www.youtube.com/watch?v=scjF5oB-JXk
We need an update, when ya talking to Berg>
I hear Senator Obama is flying to Hawaii and will be there Thursday and Friday to visit his sick grandmother. Could he making this trip for other purposes as well? I wonder if he'll also pick up a copy of his birth certificate while there?
Just watching Hannity on Fox. The latest, Obama is calling off his campaining to go to HAWAII to visit his sick grandmother.
Is it just me, or doesn't this sound "fishy". When it comes to "O" the imposter. I'm very suspicious.
Well, well, isnt this just a wee bit suspicious? Last time Obama flew to Hawaii we all know what showed up on his website.
"Obama Leaving Trail Thursday to See Ailing Grandmother"
http://voices.washingtonpost.com/the-trail/2008/10/20/obama_leaving_trail_thursday_t.html
I wonder if anyone could follow Obama to Hawaii and track his movements while he is there visiting his Grandmother? Maybe I've watched too many movies, but maybe someone is investigating Obama and will be watching to see if he might do something to trip himself up? Is that too much to hope for?
On Berg's site they're talking about Obama is heading to Hawaii. Think Martin kicked an ant bed? :)
If revealing this fraud as a fraud would mean blood in the streets as some have insinuated (including James Carville and other left wing pundits saying "If Obama doesn't win bad things will happen."), then I would rather have street riots than to allow this fraud to take place. If we do not uphold the Constitution in its most basic form, we may as well burn it.
Obama is on his way to Hawaii to visit his sick grandmother, per Fox News tonight.
Strange coincidence considering Andy Martin’s lawsuit…?
Jeff, Love the work your doing on behalf of concerned citizens. So if the electoral college can consider the eligibility of a Presidential candidate, how can we get in touch with them? I feel that my safety is at risk each time I hear a BO ad or even hear he's leading in the polls. I know that for the most part polls are biased but either way its scary. I've even told people we might have another September 11th on our hands if he gets into the WH. I just want this judge to make a ruling and stop making the concerned citizens sweat it out.
Obama is on his way to Hawaii as we speak.
I wonder what the REAL reason for Obama going to Hawaii this weekend could be?
Hmmmm.
Is anyone surprised that Obama announced this evening he is suspending his campaign to leave for Hawaii for two days to visit his suddenly ill grandmother?
BE CAREFUL WHAT YOU WISH FOR….YOU MIGHT GET IT!??
Anyone heard a report that Obama’s grandmother is very ill?
HillBuzz reports that she is very ill and “had been released
from the hospital .”
They also asked “to put politics aside for a minute and say a
pray for Obama’s grandmother. ”
Seems like a ‘crisis’.
Was this ever in the news?
Do pray…….regardless…
Go HillBuzz here:
http://hillbuzz.wordpress.com/2008/10/20/please-pray-for-obamas-grandmother-she-is-very-ill/
I just read the story on Political Intelligence. Isn't this the same grandmother who his kids have never seen. She is the one who probably paid for him to go to those expensive colleges and universities. The one whose husband is in the oil business.
http://www.boston.com/news/politics/politicalintelligence/2008/10/obama_to_halt_c.html
Obama's Grandmother was in the hospital last week so he's waiting until Thursday to "rush" out to see her?
I remember just last month Obama refused to suspend his campaign for one day to help with the economic crises but he's taking a few days off to visit the Grandmother he threw under the bus. Yeah right.
Andy Martin found some skeletons in his closet
Is he flying over on Air Force One?
Scepticism is very tempting.
Yet, one can entertain
ideas that appear contradictory
in extra-ordinary times like these;
where fact becomes fiction,
truth, ...lies…..and the quest for
information is forever elusive.
What’s important perhaps, is not
to ever surrender one’s
Humanity, even where it seems under attack.
See story re ill Granny here:
http://voices.washingtonpost.com/the-trail/2008/10/20/obama_leaving_trail_thursday_t.html
Those who pray say it blesses both the prayer & the One prayed for.
Just saying…
Hi Jeff,
I have a request to you after a short introduction.
After getting info that among thousands possible attorneys Berg was chosen by API as an attorney for API I got a strange feeling that the whole API's story is just a huge hoax. And the goal of that API's story is to trap Berg into a mix of API's story together with his lawsuit against Obama & DNC. This way after finding out eventually that API's story is a hoax, the Berg's lawsuit would be buried. Maybe I'm too cautious and wrong, but I have such a feeling.
Because of that I'd prefer to focus just on spreading a word on VIDEO "October Surprise" (about Berg's lawsuit). So I repeat again a (little updated) comment that was sent twice to your previous articles.
My request:
if you find this message (or at least an idea of it) useful, please use it in your future article(s) - it will intensify
this message in many times more. Edit it as you wish.
And now I'm repeating that message:
---------------------------------------------------------------------
The clock is ticking. There is a sense to repeat a (little updated)
comment from http://www.americasright.com/2008/10/my-note-to-editor-at-african-press.html
made on Oct 17, 2008 at 5:46PM
-----------------------------------
Ladies & Gentlemen,
CNN knows about Berg's lawsuit and simply "dismissed" it. Judge
probably will wait until after elections. It leaves only one
possibility to "win" this case - let know American people about its
existence (they don't know because MSM don't inform about it), and
they will decide this case during elections knowing this information
and according their hearts.
VIDEO "October Surprise" has at this moment more than 1,900,000 views. It has to be more than 190,000,000 to be effective. Please email a message (like below) to as many addresses as you can. And let's see.
===================================
Subject: "October Surprise"
Body:
---------
Not eligible to be President of the US? Why???
OCTOBER SURPRISE
Watch VIDEO:
http://www.youtube.com/watch?v=gA6_k3NtXZs
Obama's Citizenship: I Invented The Internet (Ep. 6: October Surprise) 11 min
The same VIDEO can be seen here:
http://www.americanthinker.com/2008/10/this_could_be_the_game_changer.html
October 11, 2008
"This could be the game changer"
or here
http://www.americasright.com/2008/10/philip-berg-interview-hits-youtube.html
Saturday, October 11, 2008
"Philip Berg Interview Hits YouTube"
It seems this matter is of interest for everybody.
Please e-mail it to everyone you can think about.
Thanks!
===================================
So much for the Michelle Obama tape.
http://wordpress.com/tag/api-hoax/
Obama is on his way to Hawaii, as reported by Anderson Cooper on CNN at 11pm. Monday 10/20
He will be visiting his
SICK Grandmother, Madeline
Dunham on Thurs.& Fri..
They said she just got out of the Hospital last week,
reported by Candy Crowley and Anderson.
Michelle O is to take Obama's place at scheduled rallies, including Ohio on Fri,. I wonder what he's up to? Dan
I'm sure it's certainly going to be an undercover job for the sake of a few extra copies of the infamous forged "birth certificate". Unbelievable that it's even possible that this guy was even allowed into his Senate seat to begin with.
JD
Maybe Obama is NOT going back to Hawaii.
Maybe he's fixing to Rabbit on us!
I mean, if he's caught knowingly lying, it's prison time.
He's probably looking at getting to Kenya or Indonesia.
If we can give our lives and send our children off to war, to fight for our country and defend our CONSTITUTION, it's beyond my understanding why we aren't defending the constitution at home "DEMANDING" Obama prove he's constitutionally eligible to run before Nov.4th?
They have the nerve to say it lacks standing!?
You mean to tell me the constitution is being compromised and that many of our loved ones have died in vain!?
A very interesting site and petition. Please forward!
http://www.rallycongress.com/constitutional-qualification/1244/
SHAME ON OBAMA ...SHAME SHAME SHAME!
all this man had to do was show his real birth certificate...but instead he wishes to dismiss.
tsk tsk tsk mr barack hussein obama
even if he has it...he is playing games, what does that say about a possible president of the united states! SKEEERRRYYYYYYYYYYY!
if we as free people and individuals of this great nation let our voices be heard...not only on this isssue but others to! we the people united we stand...
we have allowed our country to get this way, we hide and allow greedy unjust men and women to run our country. now when freedom and everything we believe in is compromised we need to stand up and fight more than ever!
this is not a black and white issue this is about our constitutional rights our freedom!
let yourselves be heard...ring it...sing it...our opinions do matter otherwise they wouldnt fight so hard to get our votes!
as far as the case goes, im sure they all know about it and are keeping track...msm is hiding the news of it, i have never seen such biased reporting, they will report on palin daily and drill it to death...stupid stuff...but nothing on this case because they are biased!
this is not about his skin color, although he has made it such...this is about his person...who he is and what he really does believe in, i believe he is out to change this country and the constitution and take everyones money and spread it around as he puts it, i believe that is called SOCIALIST!!!! that is not freedom...maybe he should spread his wealth...lmao!
WE CAN VOTE...WE CAN BE HEARD...WE THE PEOPLE!!!!!!
This is a travesty…Obama has refused to provide a certified copy of his birth certificate, why, what is he hiding? A group of us have been doing a lot of work on this over the past few weeks trying to get someone to listen. Obama was born in Kenya not the US (Hawaii). There is much more behind this story and it continues to grow. Look at the Democrat’s “Rescue Plan”, ask yourself why American Samoa was mentioned in the bill. Our investigation shows money was funneled to AM for a favor by the representative for America Samoa…the representative was sent to visit Kenya and meet with the school officials to obtain all records of his attendance. Conspiracy? Look at the deaths of those surrounding Obama’s history, the political ties to Kenya and much more. Then there is evidence via a recorded call with Michele Obama with API, which is soon to be released (we hope). There is much more going on here than meets the eye and unfortunately, the parts to the puzzle are coming together far too late stop Obama.
Eric
Hawaii
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