Obama, DNC elude citizenship lawsuit deadline
Solicitor general's office dodges questions about birth certificate complaint
Posted: December 01, 2008
10:35 pm Eastern
By Chelsea Schilling
© 2008 WorldNetDaily
Attorney Philip J. Berg
President-elect Barack Obama and the Democratic National Convention have let a Dec. 1 deadline slip by without responding to Pennsylvania attorney
Philip J. Berg's petition for writ of certiorari demanding Obama produce a legitimate birth certificate to document his eligibility for office.
While the Federal Election Commission waived its right to respond to the complaint on Nov. 18, the solicitor general's office is refusing to say
whether the waiver was also filed on behalf of Obama and the DNC.
Berg filed his petition on Oct. 30, and according to procedure, a response from the defendants was due today. But when WND contacted the U.S. Supreme
Court and the solicitor general's office, officials referenced the FEC's waiver and dodged any questions about Barack Obama and the DNC filing
America's Right blogger and legal writer Jeff Schreiber has followed the case closely.
"There are a number of reasons why the respondents here would choose not to respond," Schreiber speculated. "First, because the court only grants
between 70 and 120 of the 8,000 or so petitions it receives every year, perhaps they just liked their odds of Berg's petition getting denied. Second,
because they have made arguments as to Berg's lack of standing several times at the district court level and beyond, perhaps they felt as though any
arguments had already been made and were available on the record. Or, perhaps the waiver shows that the FEC and other respondents do not take
seriously the allegations put forth by Berg, and did not wish to legitimize the claims with a response."
But one thing that is not clear is whether the FEC is filing for itself or on behalf of all respondents, he added.
(Story continues below)
FEC attorney Gregory G. Garre is listed as the only name under "Attorneys for Respondents." There are no additional attorneys listed for Obama or
the DNC – and the waiver was filed by "respondents Federal Election Commission, et. al," suggesting the response was on behalf of other defendants
Where's the proof Barack Obama was born in the U.S. and thus a "natural-born American" as required by Article 2, Section 1 of the Constitution? If
you still want to see it, sign WND's petition demanding the release of his birth certificate.
"As it were, the FEC's attorney, Gregory Garre, is with the Solicitor General's office, and does not represent Obama or the DNC," Schreiber wrote.
"While attorneys acting on behalf of a group of defendants or respondents is not necessarily rare, the difference here is the involvement of the
Solicitor General's office, a federal office."
[edit on 2-12-2008 by Tinkabit]