Obama citizenship suit tossed

Discussion in 'Politics' started by JustChristian, Oct 27, 2008.

  1. JustChristian

    JustChristian
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    Obama citizenship suit tossed
    By The Associated Press
    Article Last Updated: 10/25/2008 04:25:15 PM MDT
    http://www.denverpost.com/ci_10815605?source=rss


    Sen. Barack Obama, D-Ill., the Democratic Party nominee for president, greets supporters at the end of a rally at the University of Nevada in Reno, Nevada on Saturday. (Agence France-Presse)
    PHILADELPHIA — A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.
    U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency. Berg claimed that Obama is either a citizen of his father's native Kenya or became a citizen of Indonesia after he moved there as a boy.
    Obama was born in Hawaii to an American mother and a Kenyan father. His parents divorced, and his mother married an Indonesian man.
    Internet-fueled conspiracy theories question whether Obama is a "natural-born citizen" as required by the Constitution for a presidential candidate and
    • Barack Obama's birth certificate.
    whether he lost his citizenship while living abroad.
    Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."

    ---------------------------------------------------------------------------------------------

    So much for that farce. I think another one was ffiled in Washington state but I doubt it will get anywhere either.McCain has also been filed with 3 or 4 lawsuits concerning his citizenship. I believe one might still be active.


    Gibson Dunn Associates Fight for McCain in Suits over Citizenship
    Brian Baxter
    The American Lawyer
    September 19, 2008

    Plaintiffs seeking to derail Sen. John McCain's presidential bid by claiming that the decorated Vietnam War veteran is not a natural born U.S. citizen are being stymied in their quest by four Washington, D.C.-based Gibson, Dunn & Crutcher associates.

    Aided by former U.S. Solicitor General and current Gibson Dunn partner Theodore Olson, the team of legal volunteers has spent the past several months representing McCain and the Republican National Committee in courtrooms throughout the country. (Campaign finance rules prohibit pro bono work for political campaigns, but lawyers are allowed to volunteer on their own time.) On Tuesday, a federal court in San Francisco decided the most recent suit in McCain's favor.

    At issue is the fact that McCain was born at Coco Solo Naval Air Station in the Panama Canal Zone on Aug. 29, 1936. His father, an officer in the U.S. Navy, was stationed there at the time.

    "The [cases] raise interesting legal questions about whether people who were born to military families overseas have a right to hold the highest office in the nation," says litigation associate Matthew McGill. "It always seemed to me a fringe view that people born to personnel on military bases outside the territorial U.S. could not be natural born citizens."
     
  2. YOUTUBECANBESAVED

    YOUTUBECANBESAVED
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    Thankyou for this information


    [​IMG]
    They have been beating this dead horse around here for awhile in a propaganda style fashion to just keep repeating it and repeating it.

    I hope this puts and end to the silliness and concentrate on the issues.
     
  3. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    Somehow I think this will not be enough for some folks :).

    I am glad to see this judge, a Clinton appointee, had some sense in his head.

    If I were this judge Berg would be in jail for filing a frivolous lawsuit.
     
  4. Pastor Larry

    Pastor Larry
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    Isn't the bigger problem here that the judge ruled that Berg did not have standing to bring the suit? If a voter does not have standing to challenge the constitutional qualifications of a man who is asking for his vote, who does?

    To me, we should all be very concerned about that. Look at the bigger picture, folks.
     
  5. Bible-boy

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    You are correct. The judge's ruling was solely about who brought the lawsuit and not about the validity of the claims being made by the lawsuit.

    The judge said that Berg did not have standing, as an individual voter, to bring the lawsuit before the court. According to the article:
     
  6. Revmitchell

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    He will. :thumbs:
     
  7. Crabtownboy

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    The judge threw it out because there was no legal leg to stand on. I expect the Court of Appeals refuse to hear the case, effectively throwing it out also. Berg can waste his time and money, but it will go nowhere. There should be a law that forces people who bring such silly cases to pay the court costs.
     
  8. Gold Dragon

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    Here is the actual ruling.

    I tried to read the section on why Berg didn't have standing to sue. It didn't make much sense to me. But the relevant quote seems to be


    Apparently this same argument was used to throw out a similar case titled Hollander and Jones against McCain about his birth in the Panama Canal as well as a another case titled Jones against Bush and Cheney about being inhabitants of Texas.
     
  9. Pastor Larry

    Pastor Larry
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    Dragon,

    I think that is a very tenuous position. What is "injury-in-fact"? And in a case like this, who could demonstrate it? It would be interesting to know who the judge thinks would have legal standing for this case.

    It appears that he is essentially saying, "Unless something really bad is done, you can't investigate a person's constitutional qualifications."

    As for the case itself, I don't really care. My guess is that if there were legs to this it would have come out by now, so I imagine there isn't. But it bothers me that a citizen who is asked to vote for a particular person doesn't have standing to ensure his qualifications for office.

    What if this was his age? What if he was possibly 33? Who would have standing to sue?
     
  10. Gold Dragon

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    I got the impression it was thrown out because he was trying to sue on behalf of all voters about something that was too general for him to show that it was an actual injury shared by all voters.

    Maybe I'm wrong but it would be nice if I could get an opinion of a lawyer.
     
  11. JustChristian

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    That was the same way the three judges ruled when they denied similar suits questioning the citizenship of McCain.
     
  12. JustChristian

    JustChristian
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    Democrats are bringing a FOURTH suit against McCain. It turns out this isn't a new question. A suit was filed when McCain ran in 2000 as well.
     
  13. Pastor Larry

    Pastor Larry
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    I still think it is a bad ruling, as I understand it. What would it take to have standing?

    Of course not. It didn't work back then. I think McCain was actually born in a US territory which the Panama Canal zone was, and his dad was military.
     

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