Judge Surrick has dismissed the case filed by Berg against Obama. See www.WhatsYourEvidence.com for a copy of the order.
Some highlights General: We note that while we take Plaintiff's allegations as true for purposes of this motion (as we must), Defendants Obama and DNC characterize them as "patently false." See Opinion at 7, footnote 7. "...Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory." See Opinion at 11, footnote 9 (emphasis supplied). "Plaintiff attempts to establish standing on several additional grounds, but his arguments do not solve the fundamental problem that the harm he alleges does not constitute an injury in fact. His most reasonable arguments attempt to distinguish Hollander. For example, he asserts that the harm he has experienced is sufficient to constitute an injury in fact under Akins. However, Plaintiff ventures into the unreasonable with arguments based on a number of federal statutes." See Opinion at 14 (internal citations omitted; emphasis supplied). "Plaintiff makes additional claims about Obama and his campaign "abus their position and the law for intimidation purposes to stop people from free speech when the speech includes criticism or questioning of Obama ...."... The Amended Complaint makes no attempt to allege facts in support of these claims, which standing on their own are nothing more than conclusory allegations." See Opinion at 21, footnote 15 (internal citations omitted; emphasis supplied). Re: Berg's Statutory Standing arguments: "Plaintiff cites no authority under which any of these statutes would confer standing on him to bring his Natural Born Citizen Clause claim and we are aware of none, We therefore find that Plaintiffs attempt to use these statutes to gain standing to pursue his Natural Born Citizen Clause claim are frivolous and not worthy of discussion." See Opinion at 17-18. --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "WebTV Dawgs/Dittos" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/WebTV-Pals -~----------~----~----~----~------~----~------~--~---
