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Friday October 31, 2008 6:09 pm
Could Another Presidential Race End Up in the Hands of the Supreme Court?
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With only a few short days to go before the November 4th presidential election, Attorney Philip Berg is appealing his “Obama eligibility” lawsuit to the U. S. Supreme Court. On Thursday, Berg filed a Writ of Certiorari and an application for an immediate injunction to stay the election. The story of the case, virtually absent from the mainstream media, is heavily detailed in Berg’s website, Obamacrimes.com.
Berg’s suit, Berg v. Obama, No. 08-cv-4083, had been dismissed in a Philadelphia, Pennsylvania, federal court on the grounds that, as Berg states, “According to [federal] Judge Surrick, we the people have no right to police the eligibility requirements under the U. S. Constitution.”
Read More Included among Berg’s challenge to Barack Obama’s eligibility to serve as president is the question of exactly where the candidate was born - Hawaii or Kenya? And perhaps of greater importance, the question of what nation is Obama a citizen - the U. S. or Indonesia, the country of which his stepfather was a citizen and where Obama, a/k/a “Barry Soetoro,” attended school. Berg’s website provides an expert’s challenging detailed analysis of Obama’s alleged “official” birth certificate that has been posted on the candidate’s own website. And the question remains, even if Obama were a natural-born U.S. citizen, didn’t he forfeit that citizenship when his mother married an Indonesian, as dual citizenships are not allowed in either country? One of the Hillary Clinton supporters who never switched allegiance to Obama, Democrat Berg is no stranger to longshot lawsuits. He filed suits against President George Bush and Vice President Dick Cheney in 2004, claiming they knew beforehand about the 9/11 terrorist attacks. He also challenged the 2000 presidential election results and asked Supreme Court Justices Clarence Thomas, Antonin Scalia, and Sandra Day O’Connor to disbar themselves for their decisions in the landmark 2001 Bush v. Gore case. Perhaps this current case is only sour grapes because Obama won the Democratic nomination over Mrs. Clinton. And furthermore, judging from his previous lawsuits, no one could intelligently suspect Berg’s a member of a right-wing consipracy intent on spoiling an Obama election victory. The case is fascinating reading for the detail-oriented legal buff; it’s even more entertaining than a Judge Judy show. It would be no less than a miracle if the Supreme Court decides in Berg’s favor (considering he’s already made enemies with a couple justices on the court). It would be even a miracle if the Court takes the case in the first place. But this just could be the one miracle the McCain camp has been waiting for.
| Obama Crimes
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What is scary, is that people like this ( http://www.youtube.com/watch?v=381gFG4Crr8 ) are voting for Obama, and have no damn clue what the hell they’re talking about.
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I really don’t know what do make of all of this. I wish I trusted anything mainstream but the trust is all gone. If Obama has nothing to hide, he sure isn’t acting that way. Why he’s acting guilty . . . I don’t know . . . but it seems like there’s enough smoke here to warrant an investigation.
http://www.radiodujour.com/people/berg_philip
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How this phony, baloney lawsuit and its underlying claim could still be carried anyplace on the Internet is amazing—and disgusting. It has been discredited time and time again—but most recently and conclusively by the top officials of the Hawaiian government—who personally examined Obana’s birth certificate and OFFICIALLY verified its authenticity. Anyone can file a lawsuit and when it is thrown out appeal it and when the appeal is thrown out then file a cert petition in the U.S. Supreme Court. By the way, the same sort of claim was embodied in other lawsuilts filed by McCain suppor;ters elsewhere and also thrown out. This is nothing but the desperate flailings of a failed campaign. Anyone who falls for the ploy is a sucker.
But you probably knew that, if you have any sense.
Earl
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Friday, October 31,2008
Phil Berg Files Anti-Obama Case in Both the 3rd Circuit and the U.S. Supreme Court
On October 30, Philadelphia attorney Phil Berg filed his appeal in Berg v Obama in the 3rd circuit, case number 08-4340. That Court has not acted. Berg then filed with the U.S. Supreme Court, case number 08-570.
http://www.radiodujour.com/people/berg_philip/index.shtml
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We’re talking about Obama, not Obana. You did your research on the wrong person. I know you didn’t misspell the name because, “you would probably “know that,” since you’re the only one with sense.
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Also…..the day that Obama’s grandmother was sick, and supposed to die, and Obama flew to Hawaii, was the same day that a Hawaii judge ironically locked his birth records. Obama left, and she’s still kicking, but all proof of where he was born is dead. He gets special treatment from the media, the courts, and his grandmother, who he described as a “typical white woman, who would walk the other way if a black person walked on the same sidewalk as her.” Real nice to throw your own relative under the bus. What a racist…but that’s a whole other story.
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Obama has produced his short form version of his birth certificate and now has had the State of Hawaii seal his long form version until after the election? That does not pass the smell test. Here is a site that I a posting only so that people can see the difference between what Obama has produced and what the long form version looks like. Two entirely different documents. It is possible that there is something embarrassing on the long form, or it may show that Obama’s parents claimed that he was born at home and not at a hospital as Obama has stated.
This is a serious constitutional issue and is being treated like a game of “Button, Button Who Has the Button”. Will an independent governmental agency step forward and say they have inspected Obama’s long form birth certificate and school records and have deemed him eligible as a natural born citizen. That would end this????????????????
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In the 1960’s Hawaii had a box 7C on the Original Birth Certificate that allowed for births outside Hawaii to be registered in Hawaii. The newspapers are now saying that Hawaii has confirmed Obama’s citizenship. That is not what they are saying, what they have done is confirmed that his original birth certificate is different than the short form version Obama has produced. The Governor of Hawaii has given instructions to seal Obama’s original birth certificate. Obama is fighting this with everything he has. It raises the question why.
The law suits continue. Berg is now in the SC http://www.supremecourtus.gov/docket/08-570.htm
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My head hurts, not from getting shot, but from reading all of this. Oh yeah…Obama is a liar.
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The US does allow dual citizenship. I have worked with several dual citizens and I work at a US Embassy.
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LoneWolf - it is not a question of dual citizenship. It is a question of “natural born citizen”. The latter is a requirment for eligibility as POTUS as outlined in the Constitution. I originally thought this Berg guy was a nutjob, but he is actually a liberal Democrat that just wants to uphold the constitution that he loves. I have read all the documents he has filed and I’ll tell you what—his facts look indisputable. READ THEM before making comments. I wish everyone would take the time to do so—Obama would lose by a landslide (and be deported or locked up). It’s unbelievable.
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I looked at all of the information and it is heavily stacked against Obama who is acting like a guilty man. Of what I don’t exactly know but he is running for President and the media seems happy to ignore this while it covers Sarah Palin’s clothes and other idiocies.
I agree . . . research this yourself.
Is Obama a Trojan Horse?
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A person may have dual citizenship and still not qualify for President as a natural born citizen. That is exactly the point. Rather than be transparent about this and produce the records Obama has hired a legal team to fight this every step of the way. Obama has now had his school records, bar records and now his birth certificate sealed by the State of Hawaii. The State of Hawaii has now admitted that it has the long version of the birth certificate that it has sealed. Obama knows what he was doing with this. He is an attorney and nows how to play in the margins. Any time there is a question they say look at factcheck.org. I am sorry, factcheck is not a government agency with the responsiblity to review the candidates records and certify that they meet the Constitutional standard to be President. We now know that the long form version exists that Obama flew to Hawaii to have sealed.
Mr. Obama, there is now a case in front of the Supreme Court. I ask that you produce your records to the Supreme Court and let them issue a ruling if you meet the Constitutional standard of a natural born citizen. That would end all of this. Instead it is likely that a team of attorneys will be sent to fight to protect this information on technical grounds. It creates the impression that he is hiding something.
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If Obama had nothing to hide then he should just release his documents, if this wasn’t true it would put this rumor to bed. Obama has failed to do that. Obam failed on his promise on campaign financing, Obama failed to tell truth about Bill Ayers, Obama failed to tell the truth about Wright. If Obama would tell the truth and release the information, this could all go away but my senator must be hiding something.
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I have heard, but not confirmed, that 27 of the Electors of the Electoral College are filing suit to require Obama produce these records to prove he is a natural born citizen before any electoral votes are given to him. Could be a rumor but it again shows that this is a serious question.
For those who want to see the difference between the COLB Obama produced and what the original/long/vault version looks like http://www.peoplespassions.org/peoplesvoice/Birth_Certificate.htm
If, for example, on Obama’s long form birth certificate question 7 (C) says Kenya that will create issues. This is why people are insisting that he produce the long version that he and the State of Hawaii have now sealed.
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You should feel like a total douche for this comment. Obama’s grandmother has died. Also, if you actually took the time to read that whole book you would understand the context of that snippet. But, you’ve already proven with your “Obama is radial” post that you are incapable of reading something in it’s entirety, so I doubt you’ll take the time. Stick with your little radio show!
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Sashha, I was responding to the part of the blog post that said “And the question remains, even if Obama were a natural-born U.S. citizen, didn’t he forfeit that citizenship when his mother married an Indonesian, as dual citizenships are not allowed in either country?”
So I was answering that question for her. As for your point of about being a “natural born citizen” the answer is decidedly yes, Obama is a “natural born citizen”. I find it interesting that people are tying this to whether or not Obama was physically born in the US or in Kenya. Even IF Obama was born in Kenya he would still be a “natural born citizen” because his mother was a US Citizen.
The Naturalization Act of 1790 states ““the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens.”
So whether or not he was born in Hawaii or Kenya is a moot point in regard to his “natural born citizen” status. Ask yourself: if there was anything to this wouldn’t the opposition be all over it? There are legitimate things to attack Obama over, how about you save your energy for those.
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Lonewolf, sorry but under the laws in effect in 1961 if Obama was born in Kenya he would not be a “natural born citizen”. His mother was a few months short of meeting the requirements that was the law at that time.
Ask yourself this, if Obama has nothing to hide why would he have his school records sealed, his bar records sealed and his birth certificate sealed? He should be completely transparent about this.
In addition, there is a question about whether Obama’s family gave up their US citizenship when they moved to Indonesia. If so, Obama would have had to take an oath of allegiance when he turned 18 and there is a question if he did that.
There are numerous questions here and the only answer from Obama is to produce a Certificate of Live Birth (“COLB”) that we now know is different than what the State of Hawaii has now sealed. Obama could produce the original version by signing a release and paying $12.00. Why has he refused to do that?
Obama is a very smart attorney and he knows the law. Obama has gone to extraordinary lengths to have his attorneys have his records sealed. It does not pass the smell test.
I understand that a group of Electors from the Electoral College will file suit to require Obama to prove that he is a “natural born citizen” or withhold electoral votes. Obama is creating a possible Constitutional crisis over this if he is denied office if it is found out that he is not a “natural born citizen”. I again suggest that Obama either produce these records to the Senate to review and proclaim him to be or not to be a “natural born citizen”. Or as a suit has now been filed at the Supreme Court over this issue he can produce his records and ask the Supreme Court to declare that he is or is not a natural born citizen.
If instead of producing the documetns and showing he meets the requirements of a “natural born citizen” and instead sends in his legal team to fight this on technical grounds it will not stand.
Here is the Supreme Court case:
http://origin.www.supremecourtus.gov/docket/08a391.htm
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Lan Lamphere interviews Philip Berg:
http://www.radiodujour.com/people/berg_philip
(Michael Savage interview and Youtube videos also)
Looks like Judge Souter denied the application for an injunction. I’m not a lawyer but that seems to be the last update on the document.
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No this not over, there is a hearing at the Supreme Court on Dec. 01 and we will see if Obama is finally required to produce his original birth certificate.
There is also a hearing in district court in Hawaii on Nov. 18 asking the court to produce a copy of the vault version of the birth certificate under the Freedom of Information Act. If the court refuses expect that to go to the Supreme Court.
Now that the State of Hawaii has announced that it is holding the vault version of the birth certificate that contains more information than what is shown on the short form version produced on the internet, and that Obama continues to refuse to sign a release and pay the $12.00 and produce it only continues to add fuel to this fire.
At some point the vault version will be ordered to be produced. If it confirms everything that Obama has stated is on the COLB (or short form version) than all will be well. If it says anything other than Obama was born in a Hospital in Hawaii, as he is on the record saying, then there will be a major problem and he may be found not to be a natural born citizen and hence not eligible to hold the office of the President. There will also be questions about his integrity and the reasons for his suppressing this information before the election will be clear.
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Thankfully, we wound up with an election where the public spoke and the results weren’t tied up in the courts or in allegations of voter fraud. As for Obama’s eligibility, I’d like to believe the Democratic Party verified basic Constitutional requirements before spending millions on his campaign. Oh well, this lawsuit will be a forgotten footnote in history.
Nickfromavvo
<A HREF=“http://www.avvo.com/legal-answers”>Free legal advice</A>
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If Philip Berg, Andy Martin, Alan Keyes and all of the others making these claims are lying, and this could possibly destroy Barack’s career, and effectively end the Democratic Party, why have the DNC and the Obama Camp not sued them for libel?
I know if these “vicious rumors” were being published and pursued about and against me, and I had nothing to hide in a court of law I would have sued for libel the day these suits were presented.
Instead the DNC and Obama have decided to file injunctions and attempt to have these suits tossed on technicalities to avoid having to prove the unprovable which would ultimately lead to the absolute destruction of the Democratic Party and the “Hope” of changing the course of this country forever.
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Box 7c of a 1960’s-era Hawaiian birth registration form is the Usual Address of the Mother, which reasonably could be another state or country NOT the place of birth. The Location of Birth is in box 6a and has no labeling about other state or country.
The whole idea of foreign birth registrations in Hawaii in the 1960s is as bogus as the label on box 7c being the location of birth.
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Jared asked why Obama doesn’t sue Berg, Keyes, et al.
When was the last time you remember a public figure in the US suing for libel?
The Supreme Court ruled in New York Times Co. v. Sullivan some years back that public figures can only win libel suits if they can prove they have been hurt by a falsehood AND that the falsehood was malicious. Proving intent is next to impossible. The movie Absence of Malice is about this very thing. The Wikipedia discusses the principle at http://en.wikipedia.org/wiki/Libel#Public_figure_doctrine_.28absence_of_malice.29
And anyhow, Obama is focusing on the real problems of the country, not suing a handful of conspiracy theorists.
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Mr. Berg,
Your foolish websites, blogs, lawsuits, etc. about the issue of the President’s citizenship is nothing more than a thin veil to make a mockery on the citizen of the Untied States.
Currently, Title 8 of the U.S. Code Section 1401 defines the following as people who are “citizens of the United States at birth:”
• Anyone born inside the United States *
• Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
• Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
• Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
• Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
• Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
• Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
• A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law – the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.
Perhaps, you should post this good law and statutory language on your website so that the people will grasp a clear understanding about what the law says about what constitutes “citizens of the United States at birth”. But, as expected, you won’t even bother post this law on your websites, blogs or elsewhere, because you know your position regarding the Constitution is patently frivolous; indeed, a fact found by all Courts you have filed papers with.
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