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
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.”
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.”
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.
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