SITREP Obama Citzenship Oct 25, 08

By DemocracyRules

CASE DISMISSED IN KEY OBAMA CITIZENSHIP TRIAL

Details here.

The judge simply backed out of making a decision.  He said the issue is certainly of constitutional importance.  However, to sue someone you have to show they injured you.  The judge could not find sufficient evidence that Philip Berg, the plaintiff, was personally injured at this moment.  Lawyers usually call this having "Standing" before the court.

You can't sue your neighbor because he hurt someone across the street.  You lack "Standing."  The person who was hurt has to bring the lawsuit to court.

So late Friday afternoon, the judge dismissed the case.  The most important message is that this judge does not perceive it's his role to establish the legal eligibility of a presidential candidate.  His hands are tied because of the "Standing" technicality.

Of course the judge has a point, but so does Berg.  It's awkward for the lower courts to decide Presidential eligibility on the basis of a lawsuit.  The DNC was supposed to vet the candidate, but they obviously blew it. 

It is really up to the executive branch to implement that part of the constitution, and candidate vetting should be Bush's job, with the help of the Supreme Court if necessary.  To my knowledge, eligibility has never been such a central issue in any previous Presidential campaign.

Until Obama takes office, none of these lawsuits may pan out, because they may all fail on the issue of "Standing". (Although every judge in every jurisdiction may judge differently, and only one case has to win.)

Berg's point is that if an ineligible Presidential candidate takes office, then Berg and millions of others will be materially harmed.   Berg was mainly suing to prevent future harm to his person if Obama wins. 

If Obama is ineligible to take office, but does so anyway, then we have a problem.  Everything Obama does as President is likely to affect at least some people in America.  Every policy decision will inevitably help some people and hurt others.  Anyone who is hurt could have grounds for a legal complaint.

So if Obama takes office, he may face millions of lawsuits, and some of those may stick.  Since he could also be charged with fraud, he may be convicted and impeached.  Then Biden would take over.  Biden would then name a VP, and that could be Hillary.

Berg and others may have more success in perusing a restraining order against Obama.  They are more relevant to preventing future harm.

These legal challenges are not over yet.  Berg plans to appeal.  New evidence is coming to light very rapidly.  If compelling evidence is presented in court, the DNC may force Obama to step down.  The Dems are loaded with lawyers, and if they see a lot of blood on the courtroom floor, they may force Obama out, to avoid an electoral rout of all Dem candidates.

Having us bloggers constantly talk about Obama's ineligibility may also cause voters to vote against Obama.  Nesmax.com and FoxNews are now covering the story.  Right now, Obama is presenting to the body politic as a dishonest subversive Socialist Indonesian Muslim with no executive experience.  The burden of proof of eligibility is still on Obama, and so far he's not doing very well on that project.

As I have posted previously, I think Obama will lose.  The polling data are not even remotely credible.  At his point in the Bush-Kerry campaign, the best pollsters claimed the candidates were tied.  Kerry was said to lead by 10 points in most swing states.  The night of the election, the exit polls claimed Kerry was the clear winner.  But of course when the votes were counted, Bush had won by a solid margin.

Legal Standing might be easier to prove after the election and before Obama takes office on January 20, 2009.  At that point, many people could claim to be harmed.  For example, anyone who contributed to Obama's campaign may be able to sue him to get their money back, because Obama was not actually legally entitled to accept their campaign money.

It's not over 'til it's over, and these cases could drag on for years, even if Obama loses the election.

Pro Patria

Comments

[David Berry]

Obama bin Lyin is a new catch phrase that needs immediate ptomulgation. But this man is acting like he IS already the president, spending huge amounts of money on a Greek-style setting for his acceptance speech.

America has not yet voted, but Obama assumes he has won. I think he is out-of-touch with the American people, many of whom fought a real war and a cold war with enemies who cared little or nothing for their country's peoples (Germany and Russia). We have to prevent ANY possibility of this man winiing the Presidency of the United States, or we will end up disunited and someone may assassinate him

[Jaclyn Cady]

The burden of proof for standing is that harm has been caused, or there is a reasonable belief that harm will be caused. The judge ruled that the arguments Berg advanced were too tenuous to justify a reasonable belief in future harm. If someone filed a similar suit and had better evidence than Berg (who cited Internet hearsay and Wikipedia as his sole sources), the reasonable belief standard would be met and the case would proceed to a full examination of the evidence.

[Colony14Author]

Very encouraging article. One would think ANY American has "standing" now, but I can certainly see why it may be easier after the election or after the inauguration. I would certainly enjoy seeing a class action lawsuit brought against Obama and the DNC, claiming fraud in extorting hundreds of millions of dollars in campaign contributions. That would bankrupt the DNC and cause it irreparable harm. Even Katie Couric and Keith Olbermann would have to cover that story. (I can imagine the ashen, distraught mass media faces if Obama goes down. Convict him for fraud, then deport him to Indonesia, where he may still be a citizen.)

I have a very thorough "Obama Timeline," if you're interested in his lurid past in chronological order:

http://colony14.net/id41.html

The article, "If Obama Wins..." is also pretty frightening:

http://colony14.net/id53.html

www.colony14.net