Tag Archives: Judge Michael Malihi

Obama GA ballot challenge, Circumstantial Evidence convicts Obama, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 6, Obama is not a Natural Born Citizen

Posted on January 25, 2012 | 76 comments

Obama GA ballot challenge, Circumstantial Evidence convicts Obama, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 6, Obama is not a Natural Born Citizen

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 6

Obama is not a Natural Born Citizen


The devil himself could not have come up with a more devious plan.
Obama is not a natural born citizen and therefore is not eligible to be on the Georgia ballot, to run for president or to occupy the White House. The Georgia
ballot challenge to Obama continues tomorrow, January 26, 2012, with Judge Michael Malihi presiding.

Obama is not a natural born citizen regardless of his birthplace because he did not have 2 US Citizen parents. We know this from the context of the times and
language of the US Constitution and court cases. We have affirmation of this in Senate Resolution 511, that Obama signed, which declared that John McCain was
a natural born citizen and that he had 2 US Citizen parents.

Not only do we have direct evidence that Barack Obama is not a natural born citizen. We also have strong Circumstantial Evidence that he is ineligible and
hiding more than just his eligibility deficiencies.

Circumstantial Evidence defined:

“Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence
of a fact or event that the party seeks to prove.

Circumstantial Evidence is also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a
particular fact without any inference or presumption required. Circumstantial evidence relates to a series of facts other than the particular fact sought to
be proved. The party offering circumstantial evidence argues that this series of facts, by reason and experience, is so closely associated with the fact to
be proved that the fact to be proved may be inferred simply from the existence of the circumstantial evidence.

The following examples illustrate the difference between direct and circumstantial evidence: If John testifies that he saw Tom raise a gun and fire it at Ann
and that Ann then fell to the ground, John’s testimony is direct evidence that Tom shot Ann. If the jury believes John’s testimony, then it must conclude
that Tom did in fact shoot Ann. If, however, John testifies that he saw Tom and Ann go into another room and that he heard Tom say to Ann that he was going
to shoot her, heard a shot, and saw Tom leave the room with a smoking gun, then John’s testimony is circumstantial evidence from which it can be inferred
that Tom shot Ann. The jury must determine whether John’s testimony is credible.

Circumstantial evidence is most often employed in criminal trials. Many circumstances can create inferences about an accused’s guilt in a criminal matter,
including the accused’s resistance to arrest; the presence of a motive or opportunity to commit the crime; the accused’s presence at the time and place of
the crime; any denials, evasions, or contradictions on the part of the accused; and the general conduct of the accused. In addition, much Scientific Evidence
is circumstantial, because it requires a jury to make a connection between the circumstance and the fact in issue. For example, with fingerprint evidence, a
jury must make a connection between this evidence that the accused handled some object tied to the crime and the commission of the crime itself.

Books, movies, and television often perpetuate the belief that circumstantial evidence may not be used to convict a criminal of a crime. But this view is
incorrect. In many cases, circumstantial evidence is the only evidence linking an accused to a crime; direct evidence may simply not exist. As a result, the
jury may have only circumstantial evidence to consider in determining whether to convict or acquit a person charged with a crime. In fact, the U.S. Supreme
Court has stated that “circumstantial evidence is intrinsically no different from testimonial [direct] evidence”(Holland v. United States, 348 U.S. 121, 75
S. Ct. 127, 99 L. Ed. 150 [1954]). Thus, the distinction between direct and circumstantial evidence has little practical effect in the presentation or
admissibility of evidence in trials.

http://legal-dictionary.thefreedictionary.com/Circumstantial+Evidence

From Parts 1 – 5 of this series we know:

Robert Bauer, of Perkins Coie, requested an advisory opinion from the FEC in February of 2007 to determine if Obama could keep his option to receive
presidential matching funds. Bauer and Obama both knew that Obama was not a natural born citizen.

The FEC, in March 2007, responded in the affirmative. Ellen Weintraub, a former Perkins Coie staff member was a committee member.

Obama, in late 2007, in conjuction with other Senators, blocked FEC appointee approval.

For the first half of 2008, the commission has only had two members. Republican Chairman David Mason and Democrat Ellen Weintraub.

On June 19, 2008, Obama announced that he was not accepting presidential matching funds despite being an advocate for and pledging earlier to accept them.

Ellen Weintraub is still on the commission 4 years past the end of her tenure.

Per a Citizen Wells FOIA request to the FEC in August 2008 we learn that an inquiry was made to the FEC on August 18, 2008. The inquiry has information about Obama not being a natural born citizen and requests an opinion. The request is denied. An email from David Kolker, FEC Counsel to Rebekah Harvey, assistant to Ellen Weintraub states “Victory in Berg v. Obama.” The email is dated August 22, 2008, one day after the Philip J. Berg lawsuit was filed and before the FEC was served on August 27, 2008.

On September 2, 2011 the FEC provided an advisory opinion in response to a request from presidential candidate Abdul Hassan. The FEC stated that Hassan was not eligible for presidential matching funds because he is a naturalized and not a natural born citizen. THe FEC acknowledges that although they do not have the power to keep a candidate off of ballots, they have a duty to make certain that only eligible candidates receive matching funds.

“Although the Matching Payment Act does not specifically address the citizenship requirement for serving as President, it sets forth the eligibility
requirements to receive matching funds. See 26 U.S.C. 9033; 11 CFR 9033.2. See also, e.g., Advisory Opinion 1996-07 (Browne for President) (describing the
steps a candidate must take to become eligible for matching funds). These provisions collectively reflect Congressional intent to ensure that U.S. Treasury
funds in the form of matching funds are only paid to eligible candidates. 5″”

Further reading of court cases confirms that the FEC was empowered to do so.

It is clear that Obama did not receive presidential matching funds because if he had done so, a challenge to his natural born citizen status from the FEC or
an election official would have ensued.

Furthermore:

No court has ruled that Obama is a natural born citizen nor has any case against Obama been dismissed on merits.

Robert Bauer defended Obama in lawsuits challenging Obama’s natural born citizen status in 2008 and was made general counsel by Obama in 2009.

Since occupying the White House in 2009, Obama has used a large number of US Justice Department attorneys, at taxpayer expense, to keep his birth certificate and college records hidden and to avoid proving that he is a natural born citizen.

Obama has employed numerous private attorneys in a number of states, including Georgia, to keep his name on the ballot despite compelling evidence that he is not a natural born citizen.

Guilty!

Advertisement

76 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Courts, Democrats, Election, Election 2008, Election 2012, Election Law, Election update, FEC, Federal Court, fraud, Judges, Lawsuits, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, PHILIP J. BERG, Presidential candidate, The Case Against Barack Obama, U.S. Supreme Court, US Constitution, voters, Washington DC, white house

Tagged , , , , ,

Obama GA ballot challenge, FEC Hassan opinion quotes Natural born citizen requirement, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 5, Fec US Constitution presidential eligibility

Posted on January 24, 2012 | 183 comments

Obama GA ballot challenge, FEC Hassan opinion quotes Natural born citizen requirement, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 5, Fec US Constitution presidential eligibility

“I am certain that the devil is watching Barack Obama and taking notes.”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 5

FEC Hassan opinion quotes Natural born citizen requirement

On July 5, 2011, Abdul Hassan, an attorney from NY, submitted a request for an advisory opinion from the FEC. Hassan acknowledged that he was a naturalized citizen and not a natural born citizen. Abdul Hassan posed the following questions:

“1. Whether, as a naturalized American citizen, I am included in the meaning of
“candidate” or “person” or “individual” running for President as used in the Federal Election Campaign Act (“FECA”)?

2. Whether, as a naturalized American citizen, I am prohibited from receiving matching funds under the FECA?

3. Whether, as a naturalized American citizen, I would be in violation of 2 USC §
441h(b) ifi solicit and/or receive presidential campaign contributions?

4. Whether, in light of the steps I have taken in my presidential run as outlined above, I am subject to the expenditure, contribution and record-keeping requirements of FECA and the regulations thereunder? (Note: I have not yet crossed the $5,000 threshold that triggers the registration and reporting requirements – it is therefore important that I receive an answer before
these requirements are triggered.).”

http://www.scribd.com/document_downloads/63383043?extension=pdf

The FEC responded with an Advisory Opinion on September 2, 2011.

Here are some interesting exerpts:
“We are responding to your advisory opinion request concerning the application of the Federal Election Campaign Act of 1971, as amended (the “Act”), the Presidential Primary Matching Payment Account Act, as amended, and Commission regulations to your campaign for President of the United States, given your status as a naturalized citizen.

The Commission concludes that the Act does not prohibit Mr. Hassan, a
naturalized citizen, from becoming a “candidate” as that term is defined under the Act. However, Mr. Hassan will not be eligible to receive Federal matching funds under the Presidential Primary Matching Payment Account Act.”
“Mr. Hassan indicates that he satisfies all of the constitutional requirements for
serving as President, except the natural born citizen requirement in Article II, Section 1, Clause 5 of the Constitution. 1”
“2. As a naturalized American citizen, is Mr. Hassan eligible to receive
presidential matching funds under the Presidential Primary Matching Payment Account Act?”
“No, as a naturalized American citizen, Mr. Hassan is not eligible to receive
presidential matching funds under the Presidential Primary Matching Payment Account Act (“Matching Payment Act”).

The United States Constitution provides that “[n]o Person except a natural born
Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .” U.S. Const. art. II, sec. 1, cl. 5.”
“2 The Act does not contain separate definitions for candidates for different Federal offices. The Constitution’s “natural born Citizen” provision only pertains to “the Office of President.” U.S. Const., art. II, sec. 1, cl. 5.
3 Mr. Hassan’s status as a “candidate” under the Act does not in any way affect whether Mr. Hassan will be eligible to appear on State ballots or to be a candidate under various State laws. In fact, it is the Commission’s understanding that some State ballot access laws provide that a person cannot appear on the
ballot or be considered a candidate unless the person will be qualified for the office he or she purports to seek.”
“Although the Matching Payment Act does not specifically address the citizenship requirement for serving as President, it sets forth the eligibility requirements to receive matching funds. See 26 U.S.C. 9033; 11 CFR 9033.2. See also, e.g., Advisory Opinion 1996-07 (Browne for President) (describing the steps a candidate must take to become eligible for matching funds). These provisions collectively reflect Congressional intent to ensure that U.S. Treasury funds in the form of matching funds are only paid to eligible candidates. 5”
“The Commission is charged under the Matching Payment Act with administering the Federal matching funds program and has some discretion when certifying eligibility for matching funds. While the Commission may not “appraise candidates’ good faith, honesty, probity or general reliability when reviewing the agreements and other forwardlooking commitments required” by the Matching Payment Act, see LaRouche v. FEC, 996 F.2d 1263, 1269 (D.C. Cir. 1993), situations may exist in which, “without assessment of subjective candidate intent, the Commission might conceivably withhold funds despite
formal compliance with the statutorily expressed criteria.” Id. Clear and self-avowed constitutional ineligibility for office is one of the few instances where the Commission’s exercise of its discretion to withhold funds is appropriate.”

http://saos.nictusa.com/aodocs/AO%202011-15.pdf

Observations

The FEC refers to the US Constitition requirement for the presidency, natural born citizen.

The FEC notes the distinction between a natural born citizen and naturalized citizen.

The Fec states that a naturalized citizen is not eligible for the presidency.

The FEC states that only a natural born citizen may receive presidential matching funds.

The FEC acknowledges that although they do not have the authority to keep ineligible candidates off of ballots, some of the states do.

“3 Mr. Hassan’s status as a “candidate” under the Act does not in any way affect whether Mr. Hassan will be  eligible to appear on State ballots or to be a candidate under various State laws. In fact, it is the Commission’s understanding that some State ballot access laws provide that a person cannot appear on the
ballot or be considered a candidate unless the person will be qualified for the office he or she purports to seek.”

Hence the GA and other state ballot challenges to Obama.

Conclusions

The FEC still acknowledges the US Constitution.

However, in 2007 when Robert Bauer of Perkins Coie submitted an advisory opinion request on behalf of Barack Obama to keep open the option for presidential matching funds, Bauer knew that Obama was not a natural born citizen. Ellen Weintraub, on the FEC committee that responded with an advisory opinion in the affirmative for Obama, was a former Perkins Coie staff member. Fraud was committed by Obama and Bauer and one has to question the ethics of Weintraub’s involvement.

The FEC acknowledges with these statements:

“Although the Matching Payment Act does not specifically address the citizenship requirement for serving as President, it sets forth the eligibility requirements to receive matching funds. See 26 U.S.C. 9033; 11 CFR 9033.2. See also, e.g., Advisory Opinion 1996-07 (Browne for President) (describing the steps a candidate must take to become eligible for matching funds). These provisions collectively reflect Congressional intent to ensure that U.S. Treasury funds in the form of matching funds are only paid to eligible candidates. 5”

“The Commission is charged under the Matching Payment Act with administering the Federal matching funds program and has some discretion when certifying eligibility for matching funds. While the Commission may not “appraise candidates’ good faith, honesty, probity or general reliability when reviewing the agreements and other forwardlooking commitments required” by the Matching Payment Act, see LaRouche v. FEC, 996 F.2d 1263, 1269 (D.C. Cir. 1993), situations may exist in which, “without assessment of subjective candidate intent, the Commission might conceivably withhold funds despite
formal compliance with the statutorily expressed criteria.” Id. Clear and self-avowed constitutional ineligibility for office is one of the few instances where the Commission’s exercise of its discretion to withhold funds is appropriate.”

that there are eligibility requirements for receiving presidential matching funds and that the FEC is charged with administering these funds. It is clear
that the FEC should always require proof of eligibility. It should have done so in 2007. We know there was inherent bias in 2007 (see part 4 of this series).

Court cases also clarify the powers given to the FEC. The FEC has more power than they have alluded to.

See Doug Teper, et al V. Zell Miller, et al, April 24, 1996.

http://bulk.resource.org/courts.gov/c/F3/82/82.F3d.989.96-8147.html

 

183 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Citizen News, Citizens for the truth about Obama, CitizenWells, Congress, constitution, Election, Election 2012, Election Law, Eligibility, FEC, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, The Case Against Barack Obama, US Constitution

Tagged , , , , ,

Obama GA ballot challenge, Donofrio Amicus brief, Natural Born Citizen defined, Judge Michael Malihi, Georgia POTUS eligibility cases

Posted on January 23, 2012 | 25 comments

Obama GA ballot challenge, Donofrio Amicus brief, Natural Born Citizen defined, Judge Michael Malihi, Georgia POTUS eligibility cases

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

From Leo Donofrio January 23, 2012.

“AMICUS BRIEF – Georgia POTUS Eligibility Cases.”

“This morning, I filed an AMICUS BRIEF in the Georgia POTUS eligibilitycases. The brief complies with all Rules and procedures of the Administrative Court. The brief is 54 pages, and the appendix is 155 pages. The Rules of Court require attachment to the brief of all legal authorities, other than those issued by the federal government, or the State of Georgia. There’s some very esoteric law attached thereto.

I seriously urge everyone to familiarize themselves with Lord Coke’s Report from Calvin’s Case, as well as Chancellor Ellesmere’s argument, also in Calvin’s Case, for this is the true common law genesis of jus soli subjection, which happens to be a uniquely Christian tenet of law that has been completely misunderstood in this country for too long now. Calvin’s Case is universally recognized as the common law precedent relating to jus soli, but it is so much more fascinating than you can imagine. And it will forever revolutionize understanding of the words “natural-born”.

This book contains all of the relevant arguments and reports. But the original text of Lord Coke’s Report is the proper starting point. (This document is also in the appendix to my brief.) And here’s another source with slightly modernized English and extras.”

http://naturalborncitizen.wordpress.com/2012/01/23/amicus-brief-georgia-potus-eligibility-cases/

Amicus brief.

http://naturalborncitizen.files.wordpress.com/2012/01/georgia-brief-merged-final-redacted.pdf

 

25 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Election, Election 2008, Election 2012, Election Law, Election update, Eligibility, FEC, Judges, Lawsuits, Lawyers, Leo Donofrio, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, The Case Against Barack Obama, Washington DC, white house

Tagged , , , ,

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 4, Obama attorneys Democrats control FEC

Posted on January 23, 2012 | 49 comments

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 4, Obama attorneys Democrats control FEC

“I am certain that the devil is watching Barack Obama and taking notes.”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 4

Obama, attorneys and Democrats control FEC

The devil himself could not have come up with a more devious plan.

Robert Bauer, of Perkins Coie, on February 1, 2007 requested an advisory opinion to keep Obama’s option for matching funds open. Bauer knew full well that Obama, not being a natural born citizen, was not eligible for matching funds. The FEC advisory opinion from March 1, 2007 responded in the affirmative. Ellen L. Weintraub, former staff member at Perkins Coie, was a Democrat appointee of the FEC at that time. She remained well beyond her scheduled tenure with the help of Barack Obama.
Obama, Robert Bauer, Democrats interaction with FEC timeline.
February 1,2007

Advisory Opinion Request: General Election Public Funding

From Obama attorney Robert Bauer to FEC

“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”

“cc: Chairman Robert Lenhard
Vice Chair David Mason
Commissioner Michael Toner
Commissioner Hans von Spakovsky
Commissioner Steven Walther
Commissioner Ellen Weintraub”

Note, in the above advisory opinion request, Robert Bauer was a Perkins Coie attorney and Ellen Weintraub was a former Perkins Coie staff member.
March 1, 2007

FEC advisory opinion

From Robert D. Lenhard to Robert Bauer

“The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.”
December 11, 2007

George Will in the Washington Post writes.

“Paralyze The FEC? Splendid.”

“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write
advisory opinions or bring enforcement actions against those breaking the law?”

“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics. You
thought the First Amendment said enough about that participation? Silly you.

The FEC’s policing powers may soon be splendidly paralyzed.

Three current FEC members, two Democrats and one Republican, are recess appointees whose terms will end in a few days when this session of Congress ends —
unless they are confirmed to full six-year terms.

Four Senate Democrats decided to block the Republican, Hans von Spakovsky. Republicans have responded: “All three or none.” If this standoff persists until
Congress adjourns, the three recess appointments will expire and the FEC will have just two members — a Republican vacancy has existed since April. If so,
the commission will be prohibited from official actions, including the disbursement of funds for presidential candidates seeking taxpayer financing.”

The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121001559.html?hpid=opinionsbox1
June 19, 2008.

“Obama to Break Promise, Opt Out of Public Financing for General Election”

“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”

“In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:

“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party
candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election.”

http://abcnews.go.com/blogs/politics/2008/06/obama-to-break/

June 24, 2008

Senate confirms FEC Nominees.

From the Wall Street Journal.

“The Senate confirmed five new members to the Federal Election Commission, ending a bitter political battle that had hobbled the elections watchdog for
months.

But the Senate action came with a final twist: Republicans accused Democrats of delaying the confirmation vote one day to allow the Democratic National
Committee to file a lawsuit against the presidential campaign of Republican Sen. John McCain of Arizona.

The six-member elections agency had been without a quorum since December as Democrats objected to Republican nominee Hans Von Spakovsky for what they said was his partisan handling of voting-rights matters in his former job as a Department of Justice attorney. The dispute prevented the two parties from reaching an agreement to vote on any of the nominees.”

“Other commissioners confirmed Tuesday included Democrats Steve Walther and Cynthia Bauerly. The new Republican commissioners are Mr. Petersen, Don McGahn and Caroline Hunter. They join sitting commissioner Ellen Weintraub, a Democrat. The commission needs at least four members to take official action on election complaints, new campaign-financing rules and requests from campaigns for legal guidance.”

http://www.democracy21.org/index.asp?Type=B_PR&SEC=%7BAC81D4FF-0476-4E28-B9B1-7619D271A334%7D&DE=%7B620D20F2-742F-4979-B8D6-6597558A6716%7D

From Fox News.

“Since the beginning of the year, the commission has only had two members: Republican Chairman David Mason and Democrat Ellen Weintraub.”

August 18, 2008

From Citizen Wells FEC FOIA request.

The individual, redacted, is requesting an advisory opinion from the FEC on Obama’s eligibility to be president. An email was sent with the request. The
email provides information on why Obama is not eligible. It begins with

“It seems that Barack Obama is not qualified to be president, after all, for the following reason:”

It ends with

“Interesting! Now what? Who dropped the ball or are we all being duped? Who do you know whom you can forward this to who might be able to help
answer this question?”
August 21, 2008

 

Philip J Berg files lawsuit in Philadelphia Federal Court

Defendants: Obama, DNC, FEC

Obama is not a Natural Born Citizen and therefore ineligible to be President.
August 22, 2008

From Citizen Wells FEC FOIA request.

An email from David Kolker, FEC counsel, to Rebekah Harvey is certainly interesting. Rebekah Harvey was the assistant to Commissioner Ellen L. Weintraub . Prior to being appointed to the FEC, Weintraub was on the staff of Perkins Coie LLP and a member of it’s Political Law Group.

“Victory in Berg v. Obama”

August 27, 2008

Complaint served on the U.S. Attorney for DNC and FEC

August 27, 2008

From Citizen Wells FEC FOIA request.

FEC response to advisory opinion dated August 18, 2008.

“The Act authorizes the Commission to issue an advisory opinion in response to a complete written request from any person about a specific transaction or
activity that the requesting person plans to undertake or is presently undertaking.”

“your inquiry does not qualify as an advisory opinion request.”
November 11, 2008

“Obama to Most Likely Avoid FEC Audit”

“The Federal Election Commission is unlikely to conduct a potentially embarrassing audit of how Barack Obama raised and spent his presidential campaign’s record-shattering windfall, despite allegations of questionable donations and accounting that had the McCain campaign crying foul.

Adding insult to injury for Republicans: The FEC is obligated to complete a rigorous audit of McCain’s campaign coffers, which will take months, if not
years, and cost McCain millions of dollars to defend.

Obama is expected to escape that level of scrutiny mostly because he declined an $84 million public grant for his campaign that automatically triggers an
audit and because the sheer volume of cash he raised and spent minimizes the significance of his errors. Another factor: The FEC, which would have to vote to
launch an audit, is prone to deadlocking on issues that inordinately impact one party or the other – like approving a messy and high-profile probe of a
sitting president.

So, by declining public funding, Obama decreased the odds of an audit. And the FEC may not investigate due to political party affiliations of the FEC
commission members.”

http://obamashrugged.com/?p=267

May 1, 2009

“At midnight Thursday, the terms of Federal Election Commissioner Donald F. McGahn II (a Republican) and FEC Chairman Steven T. Walther (a Democrat) expired. Combined with Democrat Ellen L. Weintraub’s seat — she remains on the commission even though her term expired two years ago — President Obama has the opportunity to make his first three appointments to the six-member commission. Though FEC terms are set for six years, members are free to stay on until replacements are selected by the president and confirmed by the U.S. Senate.”

“Josh Zaharoff, deputy program director for Common Cause, argues that, short of complete overhaul, such a proposal would be the best way to ensure real
enforcement of election laws. The long-standing existing practice “ensures that the commissioners are likely to be loyal to their political party rather than
to election laws and the American people as a whole.”

After seven months without a quorum, the restocked FEC has drawn significant criticism from campaign-finance-reform advocates for its lack of serious,
independent enforcement. There have been a series of 3-3 deadlocks on key issues, resulting in a significant increase in the percentage of dismissed cases.”

http://www.iwatchnews.org/2009/05/01/2875/president-obama%E2%80%99s-opportunity-mold-fec
April 4, 2011

“More FEC Terms Expire, But Replacements Unlikely”

“The terms of Chairwoman Cynthia Bauerly (D) and Commissioner Matthew Petersen (R) expire at the end of April. The terms of Donald McGahn (R) and Steven Walther (D) expired almost two years ago.

The longest-serving commissioner is Ellen Weintraub (D), whose term expired almost four years ago. The only commissioner who will be serving an unexpired term at the end of the month is Republican Caroline C. Hunter, whom Bush nominated in 2008, for a term that expires in April 2013.

Further complicating the confirmation process is a large list of pending issues before the FEC that will affect Obama’s own re-election campaign.
One of the biggest issues is how the FEC will write new rules in the wake of the Supreme Court’s Citizens United ruling, which would set boundaries for how
hundreds of millions of dollars can be spent by third parties in the presidential election and Congressional campaigns. The issue was so important to Obama
that he admonished the Supreme Court a few days after its decision in the case during his 2010 State of the Union address.”

http://www.rollcall.com/issues/56_105/-204592-1.html?zkMobileView=true
April 16, 2011

“FEC Launches Audit Of Obama’s 2008 Campaign”

“The FEC’s decision to audit the campaign is not surprising, given that it was the largest federal campaign in history, raising more than $750 million in
receipts. If Obama’s campaign were not audited, it would have been the first presidential nominee’s campaign to escape such scrutiny since the public
financing system was created in 1976.

The potential for the FEC’s audit became increasingly more likely as the FEC questioned some of Obama campaign filings. In all, the FEC wrote 26 letters to
Obama for America warning the campaign that if it did not adequately respond to the agency’s questions that it “could result in an audit or enforcement
action.””

“As of the end of March, Obama for America had spent nearly $3 million on legal fees since the 2008 election. In all, the president’s campaign spent three
times more on lawyers after Election Day than in the two years preceding it.

The lion’s share of Obama’s legal spending went to Perkins Coie, a well-known Democratic legal and accounting firm. Perkins Coie is representing the Obama
campaign in all major legal matters, including seven of the FEC’s known investigations involving the White House bid. In each of these cases, the FEC voted to dismiss the case or found “no reason to believe” that the Obama for America or related committees had violated any laws.

Perkins Coie may be also representing Obama for America in the FEC’s spending investigation of a Republican National Committee complaint. A few weeks before the election, the RNC alleged that Obama’s campaign accepted donations from foreign nationals, received contributions that had exceed limits and submitted fictitious donor names to the agency. The status of this investigation is unknown, though the FEC confirmed it received the complaint.”

http://www.rollcall.com/news/FEC-Launches-Obama-Campaign-Audie-205014-1.html
Jan 12, 2012

“Election Watchdogs Assail Obama on FEC Appointments”

“The groups are demanding that Obama shake up the board of commissioners at the Federal Election Commission, the only agency able to enforce campaign laws.
They say political divisions among the agency’s panel of six leaders have rendered it toothless.

“The bottom line is nothing can happen to change the commission unless the White House names new commissioners, and they are refusing to do so,” said Fred Wertheimer, president of Democracy 21, a nonpartisan advocacy group. “The result is going to be an election with no enforcement.””

http://abcnews.go.com/blogs/politics/2012/01/election-watchdogs-assail-obama-on-fec-appointments/

Why would Obama, as we know him, replace the FEC board. Since early 2007, Obama has been shielded by Robert Bauer and Ellen Weintraub. That’s right, as you read above, Weintraub is still on the FEC board, four years after her term expired. And don’t forget, after Obama secured the White House, he hired Robert Bauer as general counsel. Bauer has since returned to Perkins Coie to continue helping Obama keep his records hidden.

This is a clear conflict of interest!!!

And what about attorney ethics?

As stated above, Robert Bauer knew about Obama’s natural born citizen deficiency in February of 2007 and yet he filed a request for an advisory opinion on Obama’s behalf regarding Federal Matching Funds. This is fraud!

From Citizen Wells June 2, 2011.

“From the American Bar Association.

“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent””

“Model Rules of Professional Conduct
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct”

“It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional
Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.”

https://citizenwells.wordpress.com/2011/06/02/robert-bauer-leaving-white-house-counsel-position-perkins-coie-attorney-helped-obama-hide-records-bauer-assists-obama-2012-campaign/

49 Comments

Posted in Attorneys, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Democrats, Election, Election 2008, Election 2012, Election Law, Election update, FEC, Judges, Lawsuits, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, PHILIP J. BERG, Presidential candidate, The Case Against Barack Obama, US Constitution, voters, Washington DC, white house

Tagged , , , , ,

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 3, Citizen Wells FEC FOIA, FEC bias?

Posted on January 21, 2012 | 113 comments

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 3, Citizen Wells FEC FOIA, FEC bias?

“Education without values, as useful as it is, seems rather to make man a more clever devil.”…C. S. Lewis

“I am certain that the devil is watching Barack Obama and taking notes.”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 3

Citizen Wells FEC FOIA request reveals FEC bias?

Part 1 in this series documented that Barack Obama opted out of Federal Matching Funds after a pledge to receive them and repeatedly spoke about campaign finance reform.

https://citizenwells.wordpress.com/2012/01/17/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-1/

Part 2 dealt with the legal posturing involving Obama, Robert Bauer, et al with the FEC and the first lawsuit challenging Obama’s eligibility and Natural
Born Citizen status initiated by Philip J. Berg.

https://citizenwells.wordpress.com/2012/01/20/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-2-robert-bauer-et-al-help-obama-hide-records/

From Part 2:

Philip J Berg files lawsuit in Philadelphia Federal Court

August 21, 2008

Defendants: Obama, DNC, FEC

Obama is not a Natural Born Citizen and therefore ineligible to be President.

August 27, 2008

Complaint served on the U.S. Attorney for DNC and FEC

Motion filed by Robert Bauer, et al October 6, 2008

“BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE
AND DEFENDANT SENATOR BARACK OBAMA
IN SUPPORT OF MOTION FOR PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON
DISPOSITIVE MOTION”
“In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as President under Article II, section 1 of the Constitution because,
Mr. Berg alleges (falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr. Berg seeks a declaratory judgment that Senator Obama
is ineligible to run for President; an injunction barring Senator Obama from running for that office; and an injunction barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of all of the Senator’s college and law school applications, requests
for financial aid, college and law school papers, and “a copy of your entire presidential file pertaining to being vetted.” Plaintiff also served 56 requests
for admission on Senator Obama. On that same date, plaintiff served on the DNC 27 requests for admission and requests for production of five categories of
documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a matter of law, plaintiff has no standing to challenge the
qualifications of a candidate for President of the U.S. and has no federal cause of action.”

FEDERAL ELECTION COMMISSION’S OPPOSITION TO
EMERGENCY MOTION FOR AN IMMEDIATE INJUNCTION TO STAY
THE PRESIDENTIAL ELECTION OF NOVEMBER 4, 2008

October 21, 2008

“II. BECAUSE THE COMMISSION HAS NO JURISDICTION TO ENFORCE WHETHER CANDIDATES MEET THE CONSTITUTIONAL CRITERIA FOR PRESIDENTIAL ELIGIBILITY, IT SHOULD BE
DISMISSED FROM THIS CASE

The Commission is the independent agency of the United States government vested with exclusive jurisdiction to administer, interpret and enforce civilly the
FECA. See 2 U.S.C. §§ 437c(b)(1), 437d(a), 437d(e) and 437g. The Commission also exercises jurisdiction over the Presidential Election Campaign Fund Act, 26
U.S.C. §§ 9001 et seq., and the Presidential Primary Matching Payment Account Act, 26 U.S.C. §§ 9031 et seq.2 These statutes only confer on the Commission
jurisdiction over issues concerning the financing of federal campaigns: regulating the organization of campaign committees; the raising, spending, and
disclosing of campaign funds; and the receipt and use of public funding for qualifying candidates.

None of these statutes delegates to the FEC authority to determine the constitutional eligibility of federal candidates, and Berg does not allege otherwise.
Although the Commission determines whether certain presidential candidates are eligible for public funding, it has no power to determine who qualifies for
ballot access or who is eligible to serve as president. Thus, because the Commission has no authority to take action against Senator Obama as suggested by Berg, the Commission should be dismissed from this case with prejudice.”

The following are FEC statements of policy and law. They reveal at least a grey area and probably black and white in regard to the response that Philip J.
Berg received in 2008 when he challenged Obama’s eligibility.

General duties and procedures.

From the FEC website:

“Election Administration

The FEC’s Office of Election Administration (OEA) serves as a central exchange for information and research on issues related to the administration of
federal elections on the state and local level.”
“Filing a Complaint

Anyone who believes that a violation of the law has occurred may file a complaint with the FEC. The complaint should contain a statement of facts related to the alleged violation and any supporting evidence available.

The complaint must be signed and contain the complainant’s name and address. It must also be sworn to and notarized. A step-by-step description of the
enforcement process is available in the brochure Filing a Complaint.”
“Contested Elections

For information on how to challenge the results of a federal election, contact the Secretary of State in your state capital.”

Statutes

Since the FEC had provided an advisory opinion that Obama had the option to accept matching funds, it appears that Berg’s challenge to the FEC should not
have been dismissed.

TITLE 26 > Subtitle H > CHAPTER 95 > § 9011

§ 9011. JUDICIAL REVIEW
(a) Review of certification, determination, or other action by the Commission

Any certification, determination, or other action by the Commission made or taken pursuant to the provisions of this chapter shall be subject to review by
the United States Court of Appeals for the District of Columbia upon petition filed in such Court by any interested person. Any petition filed pursuant to
this section shall be filed within thirty days after the certification, determination, or other action by the Commission for which review is sought.
(b) Suits to implement chapter
(1) The Commission, the national committee of any political party, and individuals eligible to vote for President are authorized to institute such actions,
including actions for declaratory judgment or injunctive relief, as may be appropriate to implement or contrue [1] any provisions of this chapter.
(2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subsection and shall exercise the same
without regard to whether a person asserting rights under provisions of this subsection shall have exhausted any administrative or other remedies that may be provided at law. Such proceedings shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28,
United States Code, and any appeal shall lie to the Supreme Court.

[1] So in original. Probably should be “construe”.

http://www.law.cornell.edu/uscode/usc_sec_26_00009011—-000-.html

Citizen Wells FOIA request and response.

As reported on Citizen Wells September 30, 2008, I submitted a FOIA request to the FEC on September 13, 2008.

https://citizenwells.wordpress.com/2008/09/20/philip-j-berg-lawsuit-obama-served-dnc-served-fec-served-foia-request-to-fec-fec-foia-status-fec-response-by-october-21-2008-citizen-wells-phone-call-to-fec/

The FEC responses can be viewed here:

http://www.scribd.com/doc/49423265/FEC-2008-FOIA-request-Philip-Berg-lawsuit

http://www.scribd.com/doc/49423694/FEC0002 through FEC0008

The Berg lawsuit was filed on August 21, 2008 and served on the FEC on August 27, 2008. The following email from David Kolker to Rebekah Harvey dated August 22, 2008 is certainly interesting. Rebekah Harvey was the assistant to Commissioner Ellen L. Weintraub. Prior to being appointed to the FEC, Weintraub was on the staff of Perkins Coie LLP and a member of it’s Political Law Group. More on Ellen Weintraub later.

“Victory in Berg v. Obama”

You may find the following a bit curious as well:

The letter to the FEC dated August 18, 2008 (Scribd FEC0006).

The individual, redacted, is requesting an advisory opinion from the FEC on Obama’s eligibility to be president. An email was sent with the request. The email
provides information on why Obama is not eligible. It begins with

“It seems that Barack Obama is not qualified to be president, after all, for the following reason:”

It ends with

“Interesting! Now what? Who dropped the ball or are we all being duped? Who do you know whom you can forward this to who might be able to help
answer this question?”
From the FEC response to the inquiry (Scribd FEC0004):

“The Act authorizes the Commission to issue an advisory opinion in response to a complete written request from any person about a specific transaction or
activity that the requesting person plans to undertake or is presently undertaking.”

Philip J. Berg’s challenge in court to Obama’s eligibility appears to meet this requirement.

Had Berg challenged the earlier ruling by the FEC which kept open the option for Obama receiving matching funds, perhaps the outcome would have been
different. However, to be revealed in part 4, the Obama camp and the DNC did their best to quash the effectiveness of the FEC over several years.

113 Comments

Posted in Attorneys, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Democrats, DNC, Election, Election 2008, Election 2012, Election Law, Eligibility, FEC, Judges, Lawsuits, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, PHILIP J. BERG, Presidential candidate, The Case Against Barack Obama, US Constitution, voters, Washington DC, white house

Tagged , , , , , ,

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 2, Robert Bauer et al help Obama hide records

Posted on January 20, 2012 | 126 comments

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 2, Robert Bauer et al help Obama hide records

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 2

Robert Bauer, et al help Obama keep his records hidden.

In Part 1 it was revealed that Obama, in 2008, despite support for and a earlier pledge to accept them, opted out of Federal Matching Funds.

“If I am the Democratic nominee, I will aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election.”

“Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”

https://citizenwells.wordpress.com/2012/01/17/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-1/

Advisory Opinion Request: General Election Public Funding

From Obama attorney Robert Bauer to FEC

February 1,2007
“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”

“Senator Obama, fully committed to competition on the same terms as all other
candidates, has decided that, if he becomes a candidate, he will also instruct his campaign to proceed with active fundraising for the general election. But the Senator would not, if the law allows, rule out the possibility of a publicly funded campaign if both major parties’ nominees eventually decide, or even agree, on this course. Should both major party nominees elect to receive public funding, this would preserve the public financing system, now in danger of collapse, and facilitate the conduct of campaigns freed from any dependence on private fundraising.”

“The legal question presented under Commission regulations is whether a candidate provisionally raising general election funds, segregated from other funds and not available for expenditure until nomination, has “accepted” this money. Candidates establishing eligibility must certify that they have not accepted money for the general election. 11 C.F.R. § 9003.2(a)(2). The rules do not address the question posed here: has the candidate accepted the money if it is held in escrow and never used, allowing for these funds to be returned and for the candidate to qualify for public funding?”

FEC advisory opinion

From Robert D. Lenhard to Robert Bauer

March 1, 2007

“We are responding to your advisory opinion request on behalf of Senator Barack Obama and Obama for America, formerly known as the Obama Exploratory  Committee (the “Committee”),1 requesting whether Senator Obama may, under the Presidential Election Campaign Fund Act (the “Fund Act”), as amended, the Federal Election Campaign Act of 1971, as amended (“FECA”), and Commission regulations, solicit and receive private contributions for the 2008 presidential general election while retaining the option of refunding the contributions and receiving public funds for the general election if he receives his party’s nomination for President.

The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.”
“Senator Barack Obama is a United States Senator from Illinois, elected in 2004, who is a candidate seeking the nomination of the Democratic Party for the office of President of the United States in the 2008 election. The Committee is his principal campaign committee.”

“If a candidate fails to qualify for the general election, any contributions designated for the general election that have been received from contributors who have already reached their contribution limit for the primary election would exceed FECA’s contribution limits.”

Obama helps block Republican FEC appointee.

From the Washington Post December 11, 2007.

“Paralyze The FEC? Splendid.”

“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write advisory opinions or bring enforcement actions against those breaking the law?”

“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics.”

“The FEC’s policing powers may soon be splendidly paralyzed. Three current FEC members, two Democrats and one Republican, are recess appointees whose terms will end in a few days when this session of Congress ends — unless they are confirmed to full six-year terms.

Four Senate Democrats decided to block the Republican, Hans von Spakovsky. Republicans have responded: “All three or none.” If this standoff persists until Congress adjourns, the three recess appointments will expire and the FEC will have just two members — a Republican vacancy has existed since April. If so, the commission will be prohibited from official actions, including the disbursement of funds for presidential candidates seeking taxpayer financing.”

“The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121001559.html?hpid=opinionsbox1

Philip J Berg files lawsuit in Philadelphia Federal Court

August 21, 2008

Defendants: Obama, DNC, FEC

Obama is not a Natural Born Citizen and therefore ineligible to be President.

August 27, 2008

Complaint served on the U.S. Attorney for DNC and FEC

Motion filed by Robert Bauer, et al October 6, 2008

“BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE
AND DEFENDANT SENATOR BARACK OBAMA
IN SUPPORT OF MOTION FOR PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON
DISPOSITIVE MOTION”
“In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as President under Article II, section 1 of the Constitution because, Mr. Berg alleges (falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr. Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President; an injunction barring Senator Obama from running for that office; and an injunction barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of all of the Senator’s college and law school applications, requests for financial aid, college and law school papers, and “a copy of your entire presidential file pertaining to being vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same date, plaintiff served on the DNC 27 requests for admission and requests for production of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a matter of law, plaintiff has no standing to challenge the qualifications of a candidate for President of the U.S. and has no federal cause of action.”

FEDERAL ELECTION COMMISSION’S OPPOSITION TO
EMERGENCY MOTION FOR AN IMMEDIATE INJUNCTION TO STAY
THE PRESIDENTIAL ELECTION OF NOVEMBER 4, 2008

October 21, 2008

“II. BECAUSE THE COMMISSION HAS NO JURISDICTION TO ENFORCE WHETHER CANDIDATES MEET THE CONSTITUTIONAL CRITERIA FOR PRESIDENTIAL ELIGIBILITY, IT SHOULD BE DISMISSED FROM THIS CASE

The Commission is the independent agency of the United States government vested with exclusive jurisdiction to administer, interpret and enforce civilly the FECA. See 2 U.S.C. §§ 437c(b)(1), 437d(a), 437d(e) and 437g. The Commission also exercises jurisdiction over the Presidential Election Campaign Fund Act, 26 U.S.C. §§ 9001 et seq., and the Presidential Primary Matching Payment Account Act, 26 U.S.C. §§ 9031 et seq.2 These statutes only confer on the Commission jurisdiction over issues concerning the financing of federal campaigns: regulating the organization of campaign committees; the raising, spending, and disclosing of campaign funds; and the receipt and use of public funding for qualifying candidates.

None of these statutes delegates to the FEC authority to determine the constitutional eligibility of federal candidates, and Berg does not allege otherwise. Although the Commission determines whether certain presidential candidates are eligible for public funding, it has no power to determine who qualifies for ballot access or who is eligible to serve as president. Thus, because the Commission has no authority to take action against Senator Obama as suggested by Berg, the Commission should be dismissed from this case with prejudice.”

From the FEC motion above:

“On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a matter of law, plaintiff has no standing to challenge the qualifications of a candidate for President of the U.S. and has no federal cause of action.”

This is true.

From Robert Bauer, et al’s motion:

“Although the Commission determines whether certain presidential candidates are eligible for public funding, it has no power to determine who qualifies for ballot access or who is eligible to serve as president.”

This is also true. However, if an advisory opinion requesting Obama’s eligibility for matching funds, questioning his Natural Born Citizen status, had been submitted before Obama opted out, it appears that the FEC would have been compelled to respond and their response could be challenged.

It is becoming clear why Obama did not accept matching federal funds in 2008.

More on this chicanery to come.

126 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Courts, Election, Election 2008, Election 2012, Election Law, Election update, Electors, FEC, Lawsuits, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, PHILIP J. BERG, Presidential candidate, The Case Against Barack Obama, US Constitution, US District Court, US Senate, voters, Washington DC, white house

Tagged , , , , ,

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 1

Posted on January 17, 2012 | 100 comments

Obama GA ballot challenge, Natural born citizen status, Judge Michael Malihi, Why did Obama refuse matching funds in 2008?, Part 1

“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election. My proposal followed announcements by some presidential candidates that they would forgo public financing so they could raise unlimited funds in the general election. The Federal Election Commission ruled the proposal legal, and Senator John McCain (R-AZ) has already pledged to accept this fundraising pledge. If I am the Democratic nominee, I will aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election.”…Barack Obama

“Today, Barack Obama has revealed himself to be just another typical politician who will do and say whatever is most expedient for Barack Obama. The true test of a candidate for President is whether he will stand on principle and keep his word to the American people. Barack Obama has failed that test today, and his reversal of his promise to participate in the public finance system undermines his call for a new type of politics. Barack Obama is now the first presidential candidate since Watergate to run a campaign entirely on private funds. This decision will have far-reaching and extraordinary consequences that will weaken and undermine the public financing system.”…Jill Hazelbaker, McCain campaign communications director

“Sen. Obama (IL) opted out of the public financing program for the general election. Primary matching fund payouts in 2008 were the lowest since the inception of the presidential election public funding program in 1976.”…FEC website

Why did Obama refuse matching funds in 2008?

Part 1

To Judge Michael Malihi , presiding judge of the Obama GA ballot challenge, members of congress, presidential candidates and other interested Americans. This multi part series on facts regarding Obama refusing Federal Matching Funds in 2008 will raise reasonable doubts about Barack Obama’s Natural Born Citizen status.

From Politico February 07, 2007.

“Obama Wants Public Financing Option

My colleague Ken Vogel emails that the reports today that Obama has opted out of public financing aren’t quite right.

Vogel writes:

Contrary to media reports today, Sen. Barack Obama is trying to leave open the option of accepting public financing for his expected presidential bid.

Obama, D-Ill., last week asked the Federal Election Commission whether he could raise contributions that would disqualify him from receiving public financing, but return them later if he decided he wanted to receive taxpayer money for his campaign.

Obama’s question, tendered in the form of a request for an advisory opinion, is a new one for the Commission, which is expected to post the request on its Web site Wednesday afternoon. (UPDATE: Here it is now(.pdf).)

The request lays out the following scenario: Obama’s campaign would accept contributions for both the primary and general elections, but then return the general election contributions later if the Republican nominee agreed to accept public financing. The public financing system provides taxpayer dollars to candidates who abide by restrictions on how much they can raise.”

http://www.politico.com/blogs/bensmith/0207/Obama_Wants_Public_Financing_Option.html

From ABC News June 19, 2008.

“Obama to Break Promise, Opt Out of Public Financing for General Election”

“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.

“We’ve made the decision not to participate in the public financing system for the general election,” Obama says in the video, blaming it on the need to combat Republicans, saying “we face opponents who’ve become masters at gaming this broken system. John McCain’s campaign and the Republican National Committee are fueled by contributions from Washington lobbyists and special interest PACs. And we’ve already seen that he’s not going to stop the smears and attacks from his allies running so-called 527 groups, who will spend millions and millions of dollars in unlimited donations.”

In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:

“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election. My proposal followed announcements by some presidential candidates that they would forgo public financing so they could raise unlimited funds in the general election. The Federal Election Commission ruled the proposal legal, and Senator John McCain (R-AZ) has already pledged to accept this fundraising pledge. If I am the Democratic nominee, I will aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election.”

Not so “aggressively,” according to the McCain campaign, which argues that Obama did not discuss this or try to negotiate at all with the McCain campaign, despite writing that he would “aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election.”

The Obama campaign disputes this. Obama campaign counsel Bob Bauer met with McCain campaign counsel Trevor Potter and, according to Obama spox Bill Burton, Potter “immediately made it clear there was no basis for further discussion,” that they weren’t interested in any sort of agreement.”

http://abcnews.go.com/blogs/politics/2008/06/obama-to-break/

Judge Michael Malihi, et al,

Why did Obama break his promise to use Federal Matching Funds?

For those paying attention, the answer is obvious.

More to come.

100 Comments

Posted in Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Election 2008, Election 2012, Election Law, Eligibility, FEC, Government, McCain Obama, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Politics, Presidential candidate, The Case Against Barack Obama, United States, US Constitution, voters, Washington DC, white house

Tagged , , , ,