IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ELLIOTT J. SCHUCHARDT,
individually and doing business as
the Schuchardt Law Firm,

CIVIL DIVISION
Case No. 2:14-cv-00705-CB

Plaintiff,
v.
BARACK H. OBAMA, as President of
the United States, et al.,
Defendants.

PLAINTIFF’S RESPONSE IN OPPOSITION
TO DEFENDANTS’ MOTION TO DISMISS
The Plaintiff, Elliott Schuchardt, files this response in opposition to the Defendants’
motion to dismiss the complaint in this case. In support hereof, the Plaintiff states as follows:
Background
1.

The Plaintiff opposes the Defendants' motion to dismiss for the reasons set forth

in the Plaintiff's accompanying memorandum of law. A copy of such brief is incorporated
herein by reference.
2.

As explained in such brief, the Foreign Intelligence Surveillance Court has

already denied the Defendants' request to collect the full content of e-mail in bulk. See Ex. D,
In re Redacted Government Case, FISA Court, Opinion of Roger Vinson.
3.

The Defendants have therefore sought to justify their bulk collection of e-mail

solely on the basis of the President's inherent powers, as commander-in-chief of the armed
forces.
4.

The Plaintiff submits that the President does not have the power to ransack

people's homes -- or their e-mail -- as part of the war power.

5.

By collecting e-mail without a warrant, the President has, in essence, usurped

the investigatory function of this Court. The power to issue warrants was assigned to the
federal courts by Article III of the U.S. Constitution. The Defendants have therefore violated
the separation of powers, required by our system of limited government.
6.

This is a very dangerous thing to do. See Boumediene v. Bush, 553 U.S. 723,

742, 128 S. Ct. 2229, 2246 (2008) ("The Framers' inherent distrust of governmental power
was the driving force behind the constitutional plan that allocated powers among three
independent branches.").
7.

The President, at this time, currently has the power to wiretap not just the

Plaintiff, but the Court as well. The power to wiretap is the power to blackmail.
8.

The Plaintiff respectfully submits that it is time to put in place judicial oversight

over any information being seized by the Defendants.
WHEREFORE, for the reasons set forth above, the Plaintiff requests that this
Honorable Court enter an order denying the Defendants’ motion to dismiss.
Respectfully submitted,
By: /s/ Elliott J. Schuchardt
Elliott Schuchardt
PA I.D. #78911
SCHUCHARDT LAW FIRM
U.S. Steel Tower, Suite 660
600 Grant Street
Pittsburgh, PA 15219
Phone: (412) 414-5138
E-mail: elliott016@gmail.com

2

CERTIFICATE OF SERVICE
I, Elliott Schuchardt, hereby certify that I served a true and correct copy of the
foregoing brief on the following person on this 23rd day of December 2014 by means of the
Court’s CM / ECF electronic filing system:
Marcia Berman, Esq.
United States Dept. of Justice
marcia.berman@usdoj.gov
Counsel for the Defendants
/s/ Elliott Schuchardt
Elliott Schuchardt