Jeff Schreiber spoke to Philip J Berg after the FEC filed a waiver of right to respond. Here are some exerpts
from Jeff Schreiber’s report:
“According to the Docket No. 08-570 at the United States Supreme Court, the Federal Election Commission yesterday filed a waiver of its right to respond to attorney Philip Berg’s Petition for Writ of Certiorari, filed on October 31 and currently pending before the Court.
Contrary to Internet rumor that Justice Souter had ordered Barack Obama to provide the vault copy of his birth certificate, the Court merely set December 1, 2008 as the date by which the respondents–Obama, the Democratic National Committee and Federal Election Commission–were to respond to Berg’s petition if they chose to do so at all. Yesterday’s filing, which appeared on the docket this afternoon, shows that the respondents have waived their right to respond.”
“This distinction is not lost on Philip Berg.
“If it were just the FEC filing the waiver, I must say that I’m surprised,” Berg said. “I’m surprised because I think they should take the position that the Supreme Court should grant standing to us. I think they have a responsibility not only to Phil Berg, but to all citizens of this country, to put forth a sense of balance which otherwise doesn’t seem to exist.”
“However, if this was filed by the FEC on behalf of the DNC and Barack Obama too, it reeks of collusion,” he said, noting that the attorney from the Solicitor General’s office should be representing federal respondents and not the DNC or Obama.
Indeed, neither the DNC nor the president-elect are, for now, federal respondents, though Obama’s status as Illinois senator–a position from which he resigned this past weekend–could place him under the representational umbrella of the Justice Department.”
“While outright collusion could be a stretch, if indeed the FEC’s attorney is acting on behalf of all respondents and not just the FEC, there certainly is the appearance of coordination. Regardless of the veracity of the allegations put forth against Barack Obama, for the Department of Justice and the Solicitor General of the United States to be facilitating a defense which is calculated to shield from disclosure, rather than compel disclosure, of manifestly relevant and critical information bearing directly upon not just the qualifications but the very constitutional eligibility of Barack Obama — the word “unorthodox” comes to mind. As does “shameful.” And yet, in these post-election times, especially considering the FEC’s decision not to audit Obama’s $600 million take during his campaign (at least $63 million of which was from undisclosed sources), this appears to be the new standard in post-election times.”
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