Friday, September 26, 2008

Secretive Obama Campaign Files Motion to Dismiss Against Phil Berg

According to Jeff Schreiber's America's Right blog (h/t Bob Robbins):

"At approximately 3:30 p.m. today, Illinois Sen. Barack Obama and the Democratic National Committee filed a Motion to Dismiss the lawsuit filed on August 21, 2008 by lawyer and former Deputy Attorney General for Pennsylvania Philip Berg questioning Obama's constitutional eligibility to run for and hold the office of president of the United States."

America' Right links to the DNC's motion. The DNC argues that Berg's claims are "patently false" but continues to refuse to show Berg Obama's birth certificate. The substance of the motion to dismiss is that the Court lacks "subject matter jurisdiction". In turn, the claim that Berg lacks standing to sue relies on the Democrats' claim that Berg is not harmed by Senator Obama's secrecy:

"In this case, Mr. Berg fails to allege any concrete, specific injury..."


"In any event, the Complaint fails to state a claim upon which relief can be granted because it fails to establish a cause of action."

Jeff Schreiber notes:

"I told him (Berg), just as I explained in these pages, that above everything else he needed to show an INJURY IN FACT. I mentioned that simply being a taxpayer, or a voter for that matter, has not proven to be enough to show injury or prove standing."

If the Courts believe that individual Americans do not have a substantial interest in the Constitutionality of a candidate's eligibility, I say they are wrong. Moveover, I see fighting a suit over compensation for accident damages, but over showing a birth certificate? Either the DNC has lost its mind or it has something to hide.

Given Schreiber's analysis, it seems to me that the approach of writing to the regulatory agencies is what should be done. But it appears that the regulatory agencies are as unwilling to enforce the public interest as are the courts.

Sounds like an argument for laissez-faire to me. No government agency works. The courts are biased. Government is not responsive. Laissez Faire! Laissez Faire!

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