Berg v. Obama Update -- Monday, September 22

MONDAY, SEPTEMBER 22, 2008

Berg v. Obama Update -- Monday, September 22

Part Civil Procedure, Part Reporter Stalking

First, the civil procedure.

Answers from defendant Sen. Barack Obama and defendant Democratic National Committee to the original complaint filed on August 21st by attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania Philip Berg are due on Wednesday, September 24.

Both sides have a number of options available at this point in time, not the least of which is the expected motion to dismiss for lack of standing which will inevitably be filed by Obama or the DNC by the deadline. Judge R. Barclay Surrick will be hard-pressed to deny such a motion, but the most interesting part may not be whether he grants it or denys it but rather the language surrounding such a decision.

When the Robinson case against John McCain was dismissed last week from a northern California federal court, Judge William Alsup was careful to explain that, while the case was being dismissed for lack of standing, John McCain did in fact meet the requirements for the presidency pursuant to Article II, Section 1 of the U.S. Constitution. Regardless of whether Judge Surrick decides to grant or deny the motion to dismiss filed by one of the defendants, it will be interesting to see whether he similarly attempts to put the citizenship-related controversy to rest.

As for possible strategy with regard to action or inaction on the part of Obama and the DNC come Wednesday, Berg has mentioned some things to me off the record, and I must respect that. Certainly, if Obama's people asked the same of me, I'd extend the same courtesy. It doesn't take a lawyer to understand some of the options available to both sides at this point in the proceedings, but because Phil Berg has demonstrated that he doesn't wish to tip his hand--as he did by eschewing discussion of standing--I wouldn't feel right about getting into everything at this point.

Now, the reporter-stalking.

Yes, that's my bloated self next to Fox News Channel's Carl Cameron (best viewed with a widescreen monitor). Today after work, I was able to attend a McCain-Palin rally in Media, PA (photos and story can be seen below soon) and, afterwards, was able to ask "Campaign Carl" whether he knew about Philip Berg's suit against Barack Obama. He did not.

He originally thought I was referring to some state-level action regarding ballots. When I told him it was a federal suit and that ANSWERS FROM BARACK OBAMA AND THE DNC ARE DUE ON WEDNESDAY, he made a phone call and referred someone to this site. So, to those from Fox News currently checking here, all of the materials and links for the Berg suit ARE located on the right-hand side of this page, under the "BERG v. OBAMA @ AMERICA'S RIGHT" header.

Please understand that, while I am a conservative, I have done my level best to explore all sides of this issue and present arguments from both sides. Heck, I even did a little work and shot down one of Berg's own causes of action. However, I will admit that my reticence to spill the beans as to possible strategic options for Berg tonight is admittedly borne from my personal bias. I wouldn't want to inadvertently tip off any of the Obama folks now, would I?

As always, if you have any questions, shoot me an e-mail. In the meantime, keep checking here for any news or new filings. I whole-heartedly expect Obama or the DNC--probably the latter so the former doesn't have to get his feet wet--to file that motion to dismiss either tomorrow or Wednesday.

As soon as I know something from my contacts in the courthouse, there will be a short note here.