Tag Archive for 'US election'

District Court Rules Obama Ineligible for Presidency, Orders DNC to Withdraw him


District Judge R. Barclay Surrick ruled in favor of Phillip J. Berg in his landmark suit charging that Barack Obama is not eligible to be president. Read the Pennsylvania Eastern District Court Order Ruling that Barack Obama is not eligible to be president of the United States, and Ordering the Democratic National Committee to withdraw him as a candidate

To see the history of the lawsuit and counter-motions, and all the documents involved see the PA District Court website

Download the ruling in PDF

In an honest election it would be expected that from the beginning the Federal Elections Commission would have made sure that the candidates were eligible for the office they were seeking. The questions about Obama’s eligibility have been open for over a year, and it would have been expected that they would have insisted that the issue be settled early on. This was not the case. Now, with a District Court order saying that Obama is ineligible and may not run for president, what is the response of the this august commission? Not to comply, nor even to finally decide to get to the bottom of the matter, but to file a counter-motion saying the District court does not have jurisdiction for this lawsuit.

At this point Obama cannot legally continue as the Democratic candidate. If he continues his campaign, as he surely will, we have constitutional crisis, whether the government and media acknowledge it or not.

We know about the Democratic Party and their big money supporters in the US and around the world, how they seek to subvert the rule of law and the constitution to benefit their agenda in the US. However, the response of the bi-partisan Federal Elections Commission makes it obvious that they are of the same mind and have no interest in fufilling their duties, but rather in furthering the coup that is currently in progress. This should be no surprise, since this commission is nominated by the president and approved by the Congress, all of whom will come under this commission’s jurisdiction. Who will they appoint and reward but faithful servants who will not rock either Democratic or Republican boats very hard? It’s a case of the crows building the scarecrow.
Who are the current members of the FEC?

Donald F. McGahn II – Chairman
McGahn is a lawyer in Washington DC and acted as a lobbyist for MCI in 2005. He has a law firm, McGahn and Associates, which specializes in political and corporate law. As his clients come to him for decisions now, he must frequently be considered to have a conflict of interest in his current side job of Chairman of the FEC.

Steven T. Walther - Vice Chairman
Walther is a dedicated Globalist and proponent of the New World Order, as evidenced by his biography:

Steven T. Walther is Chair of the Executive Board of the ABA Center for Human Rights. Mr. Walther is a founding member of the law firm of Walther, Key, Maupin, Oats, Cox & LeGoy of Reno, Nevada. Mr. Walther is a former member of the Board of Governors of the American Bar Association, and has served as Chair of both the ABA Standing Committee on World Order Under Law and the ABA Special Advisory Committee on International Activities. Mr. Walther currently serves as Counselor to the ABA Central and East European Law Initiative (CEELI), which oversees all rule of law activities of the ABA in 21 countries in Central and East Europe. Mr. Walther has also served as the ABA representative to the United Nations. He also served as Co-Chair of the ABA Task Force on War Crimes in Ethiopia. He also served as Secretary of the Fellows of the American Bar Foundation, and is President-Elect of the National Caucus of State Bar Associations. Mr. Walther is currently President of the Boalt Hall Alumni Association at the University of California, Berkley. Mr. Walther is a former trustee of The National Judicial College of Reno, Nevada, and is currently Chair of its Center for International Judicial Education. Mr. Walther has also served as instructor for The National Judicial College, both in the United States and in Russia. Mr. Walther is a former President of the State Bar of Nevada, and is also a former President of the Western States Bar Conference. He is a member of the Martindale-Hubbell/LexisNexis Legal Advisory Board, and a member of the American Law Institute.
Mr. Walther received his undergraduate degree from the University of Notre Dame, with a major in Russian, in 1961. He received his J.D. degree from the Boalt Hall School of Law, University of California, Berkeley, in 1965. Mr. Walther has written extensively and has frequently been a panelist and guest lecturer on the rule of law and international human rights issues. He recently published an article entitled The Globalization of the Rule of Law and Human Rights, Futures: The Journal of Policy, Planning and Futures Studies (Special Issue, 2000 – The Global Century), Elsevier Science, Ltd., Oxford, U.K.

Cynthia L. Bauerly – Commissioner
Ms. Bauerly is a lawyer originally from Minnesota who is a protege of liberal Democratic NY Senator Chuck Shumer.

(From the FEC website) Cynthia L. Bauerly was nominated by President Bush on May 6, 2008. Her appointment received the unanimous consent of the United States Senate on June 24, 2008.

Prior to her appointment, Ms. Bauerly served as Legislative Director for Senator Charles E. Schumer of New York. She directed all aspects of the Senators legislative agenda by setting and implementing legislative priorities, managing policy staff, advising the Senator on floor strategy, campaign finance and ethics policy, overseeing committee and subcommittee activities, and coordinating with communications staff.

In 2004 and 2005, Ms. Bauerly specialized in intellectual property and business litigation with Fredrikson & Byron in Minneapolis, Minnesota. From February until November of 2005, she was the policy director for Amy Klobuchars successful United States Senate campaign in Minnesota.

From 2002 until 2004, Ms. Bauerly served as Senator Schumers counsel on the Senate Judiciary and Rules Committees. In this position, she advised the Senator on a broad range of policy matters including election reform, campaign finance, technology, telecommunications, intellectual property, antitrust, legal process reform, and immigration.

Prior to her work for Senator Schumer, she specialized in complex litigation and appellate law at Jones Day in Washington, D.C. She previously served as a judicial clerk for the Honorable Florence-Marie Cooper of the United States District Court for the Central District of California and the Honorable Theodore R. Boehm of the Indiana Supreme Court.

Ms. Bauerly graduated cum laude from Indiana University School of Law-Bloomington and received a Master of Public Affairs from Indiana Universitys School of Environmental and Public Affairs. Ms. Bauerly is a summa cum laude graduate of Concordia College in Moorhead, Minnesota.

Caroline C. Hunter - Commissioner
Ms. Hunter is a Republican who worked with Bush and the RNC during the 2004 election. She supervised the legality of their election practices, some of which were later deemed illegal by Ms. Weintraub of the FEC.
From the FEC website:

Caroline C. Hunter was nominated to the Federal Election Commission by President George W. Bush on May 6, 2008. Her appointment was approved by the United States Senate on June 24, 2008.

Ms. Hunter previously served as the Vice-Chair of the U.S. Election Assistance Commission. Ms Hunter was nominated to the EAC in 2006 and confirmed by the U.S. Senate on February 15, 2007.

Ms. Hunter previously served as deputy director of the White House Office of Public Liaison from January to October 2006. From 2005 to 2006, she served as executive officer at the U.S. Department of Homeland Security, Office of Citizenship and Immigration Services Ombudsman.

From 2001 to 2005 she was associate counsel and then deputy counsel at the Republican National Committee where she provided guidance on Election Law and the implementation of the Help America Vote Act.

Ms. Hunter graduated cum laude from the University of Memphis School of Law and received her bachelor of arts degree from The Pennsylvania State University. She lives in Washington, D.C. with her husband and two daughters.

Matthew S. Petersen – Commissioner
Republican lawyer originally from Virginia, career specialist in election law
From the FEC website:

Matthew S. Petersen was nominated to the Federal Election Commission by President George W. Bush on June 12, 2008, and unanimously confirmed by the United States Senate on June 24, 2008.

From 2005 until his appointment to the Commission, Mr. Petersen served as Republican chief counsel to the U.S. Senate Committee on Rules and Administration. In this capacity, Mr. Petersen provided counsel on issues relating to federal campaign finance and election administration laws as well as the Standing Rules of the Senate.

Prior to this, Mr. Petersen served as counsel to the U.S. House of Representatives Committee on House Administration. During his tenure, Mr. Petersen was extensively involved in the crafting of the Help America Vote Act of 2002 (“HAVA”) and the House-Senate negotiations that culminated in HAVA’s passage. From 1999 to 2002, Mr. Petersen specialized in election and campaign finance law at the law firm of Wiley Rein LLP in Washington, D.C.

Mr. Petersen received his J.D. in 1999 from the University of Virginia School of Law, where he was a member of the Virginia Law Review. He graduated magna cum laude with a B.A. in philosophy from Brigham Young University in 1996. He also received an A.S. with high honors from Utah Valley State College.

Ellen L. Weintraub – Commissioner
Ms. Weintraub is a prominent NY attorney and long time FEC commissioner who was chairman of the commission at one point.
From a discussion of FEC election recount rulings and activity in 2004 by Campaign Legal Center and the Center for Responsive Politics

Vice Chair Ellen Weintraub was quoted as stating:
I think its worth telling people its not worth filing those complaints should their
opponents raise unlimited individual donations for recounts, Weintraub said.1
These comments are completely out of line and this whole sorry episode illustrates how
aberrant Commission procedures have become. It was entirely improper for Commissioner
Weintraub to claim the right to set official Commission policy by telling people its not worth
filing those complaints, and in effect announcing, even before a complaint is filed, that any such
complaint will be summarily dismissed, and that any candidate or officeholder who raises
million-dollar donations from individuals for recount purposes is functionally immunized.2
All but Ellen Weintraub, a Democrat, and Steven T. Walther, a Democrat, are newly appointed in June of this year, after considerable debate and holdups by the Democrats in the the Democratically controlled Congress. Steven T. Walther was appointed by President Bush in January, 2006 while Congress was in recess. Likewise, Ellen Weintraub was appointed by Bush in 2002 while the Republican Congress was in recess. Evidently one requirement for being accepted to the commission was that the commissioners agree to pass completely on issues relating to Barack Obama, and only investigate issues relating to John McCain. The commission has passed on many questionable or outright illegal campaign contributions to Obama, and the very big issue of whether he is even eligible to run for President.