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For Immediate Release: - 09/27/08

On Thursday September 24th, 2008 Senator Obama and the Democratic National Committee filed a motion to dismiss the Berg vs. Obama lawsuit on the basis that the Court does not have jurisdiction because Mr. Berg "lacks standing to challenge the qualifications of a candidate for President of the United States."

Senator Obama and the Democratic National Committee claim in the accompanying brief that any harm done to Mr. Berg "would adversely affect only the generalized interest of all citizens in constitutional governance" and, therefore, Mr. Berg, as an individual voter "does not have standing based on harm he would suffer." (The complete motion and brief as filed with the Court is attached below.)

Mr. Berg is preparing a response opposing the dismissal which will be presented to the Court over the next few days. At the time of filing, the Court granted preliminary standing. The Court is expected to review the Obama / DNC motion for dismissal and the Berg response quickly. The Court may hold a hearing before issuing a final ruling on standing.

The Motion for Dismissal states:  

Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National Committee and Senator Barack Obama respectfully move the Court for an order dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction over the claim asserted and that the Complaint fails to state a claim upon which relief can be granted. 

Attachments:

File	File size
ObamaCrimes.com: Obama, DNC Motion to dismiss.pdf	77kb