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Posts Tagged ‘certiorari’

In the matter of Berg vs Obama, questioning Obama’s citizenship and eligibility to be President, Berg has appealed all the way to the Supreme Court and we are awaiting a ruling which may take until hell freezes over.  None the less, no facts were ruled valid or invalid as they have not been heard. In all these filings the FEC – Federal Election Committee is named along with Obama and rightfully so the FEC made a special filing to the Court requesting relief from the claim since the dismissal of the case not apparently mention them specifically from being dismissed. 

DEFENDANT FEDERAL ELECTION COMMISSION’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1)

Defendant Federal Election Commission (“FEC” or “Commission”) moves to dismiss the Complaint in this matter pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Plaintiff’s Complaint does not present an Article III case or controversy because plaintiff lacks standing to raise the issue of a candidate’s constitutional eligibility. Moreover, even if Berg had standing to raise the constitutional eligibility issue, the Commission should be dismissed as a party to this case because it has no oversight over the Constitution’s Presidential Qualifications Clause.

 

The FEC claims it has no oversight in the Constitutions Presidential Election Qualifications clause. 

WHAT, NO OVERSIGHT?  Go and read the brief the FEC filed for yourself and see that the FEC is not in charge of eligibility.  Who the frig is in charge of election qualifications? 

The history of the Berg filings.  http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

http://obamacrimes.com/index.php/component/content/article/2-news/49-press-release-10-30-2008-berg-filing-injunction-to-stay-presidential-election

Incidentally Judge Surrick on  wrote “AND NOW, this 27th day of October, 2008, having dismissed Plaintiff’s First Amended Complaint for Declaratory and Injunctive Relief, it is ORDERED that all pending motions are DISMISSED as moot. IT IS SO ORDERED.BY THE COURT:/s/ R. Barclay Surrick, Judge.

According to Mr Berg, he has filed two documents:

  1. Application for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
  2. Petition for Writ of Certiorari. http://en.wikipedia.org/wiki/Certiorari

 

http://www.fec.gov/ If the Federal Government can’t policy itself to have over sight in Federal Elections, who does?

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