Lawsuit Against Obama Dismissed, Appeal Goes to US Supreme Court
Who has the right to police the eligibility requirements under the U.S. Constitution
(Lafayette Hill, Pennsylvania - 10/25/08) -
Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama's lack of "qualifications" to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.
Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.
This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?
So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.
According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.
What happened to ‘...Government of the people, by the people, for the people,...' Abraham Lincoln in his Gettysburg Address 1863.
We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States," Berg said.
Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread the word of our website - and forward to your local newspapers and radio and TV stations.
Berg again stressed his position regarding the urgency of this case as, "we" the people, are heading to a "Constitutional Crisis" if this case is not resolved forthwith.
* * For copies of all Court Pleadings, go to obamacrimes.com
Democrat Lawyer Philip J. Berg: Obama's Grandmother Confirms Kenyan Birth
The Pennsylvania Democrat who has sued Sen. Barack Obama demanding he prove his American citizenship - and therefore qualification to run for president - has confirmed he has a recording of a telephone call from the senator's paternal grandmother confirming his birth in Kenya.
The issue of Obama's birthplace, which he states is Honolulu in 1961, has been raised enough times that his campaign website has posted an image purporting to be of his "Certification of Live Birth" from Hawaii.
But Philip J. Berg, a former deputy attorney general for Pennsylvania, told the Michael Savage talk radio program tonight that the document is forged and that he has a tape recording he will soon release.
"This has been a real sham he's pulled off for the last 20 months," Berg told Savage. "I'll release it [the tape] in a day or two, affidavits from her talking to a certain person. I heard the tape. She was speaking [to someone] here in the United States."
He said the telephone call was from Obama's paternal grandmother affirming she "was in the delivery room in Kenya when he was born Aug. 4, 1961."
"Nothing is more important than enforcing the Constitution," he said. "The Constitution's provisions are very small for qualifying for president. One, be over 35, and he is. Two, be in the country 14 years, and he has been. Three, be a natural-born citizen. He is not."
Berg filed suit in U.S. District Court in August alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States.
His lawsuit is demanding that the courts verify Obama's original birth certificate.
Photograph of Barack Obama with his Grandmother
Background of Barack Obama's Place of Birth and Birth Certificate
Attorney Philip J. Berg, the former head of the Montgomery County. Pennsylvania Democratic Party and a former member of the Democratic State Convention and, reportedly a Hillary Clinton supporter, wanted to learn the truth from the myriad of rumors that also suggested that Sen. Obama may also have been a citizen of Indonesia. The only consistent part of the story was Stanley Ann returning to Hawaii to claim he had been in the United States and was a US citizen. In his ruling, Judge Surrick noted that the "...cause came before the United States District Court Judge, Honorable R. Barclay Surrick on defendant Barack Hussein Obama and the Democratic National Committee's motion to dismiss." The order continued, "Having reviewed the motion and plaintiff's opposition to said motion and for good cause shown, it is hereby ordered that the motion to dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) is denied. It is further order of this court that the following discovery is to be turned over to plaintiff within three (3) days.
1. Obama's "vault" version (certified copy of his "original" long version) birth certificate; and
2. a certified copy of Obama's Certificate of Citizenship;
3. a certified copy of Obama's oath of allegiance."
In his original filing, Berg specifically asked for those three items. Berg told the court that "...at the time Plaintiff's complaint was filed, Plaintiff was requesting protections from the court in order to stop Obama from being nominated by the DNC as the Democratic Presidential Nominee as Obama is not eligible to serve as President of the United States. However, Obama was nominated by the DNC...For that reason, Plaintiff must amend his complaint and will be amending this complaint to file a First Amendment complaint...."
Berg argued that he felt it was the role of the Federal Election Commission to ensure that presidential and congressional candidates are eligible to hold the positions for which they were seeking, and that those candidates run a fair and legitimate campaign. "In vetting the presidential candidate," Berg argued, "the DNC and the FEC are required to ensure the eligibility requirements pursuant to our Constitution are met and the Presidential nominee, if elected, is qualified and eligible to serve pursuant to our United States Constitution. In order to be eligible to run for the Office of President of the United States, you must be a "natural born" citizen.
"There appears to be no question that Defendant Obama's mother, Stanley Ann Dunham, was a US citizen. It is also undisputed, however, that his father, Barack Obama, Sr., was a citizen of Kenya. Obama's parents, according to divorce recorded, were married on or about February 2, 1961."
"Defendant Obama claims he was born in Honolulu, Hawaii. on August 4, 1961 and it is uncertain in which hospital he claims to have been born. Obama's grandmother on his father's side, his half-brother and half-sister all claim Obama was born not in Hawaii but in Kenya. Reports reflect that Obama's mother traveled to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii. at her late stage of pregnancy (which apparently are normal restrictions, to avoid births during flights). By these reports, Stanley Ann Dunham Obama gave birth to Obama in Kenya, after which she flew home and registered Obama's birth. There are records of a "registry of birth" for Obama, on or about August 8, 1961 in the public records office in Hawaii."
Berg's investigators revealed that Obama's own half-sister Maya Soetoro-with whom he was raised-seemed not to know where her own brother was born. In the Nov., 2004 interview by the Rainbow Newsletter Maya Soetoro said Obama was born on Aug. 4, 1961 at Queens Medical Center in Honolulu, Hawaii. In February, 2008 Maya was interviewed by the Star Bulletin. This time she told reporters that Obama was born on August 4, 1961 at the Kaliolani Medical Center for Women and Children. On June 9, 2008 Wayne Madsen, a journalist with Online Journal published an article in which he said a research team went to Mombassa, Kenya and located a Certificate registering the live birth of Barack Hussein Obama, Jr. to his father, a Kenyan citizen and his mother, a US citizen.
Berg's argument to the court was that under the US Nationality Act of 1940, Section 317 (b), a minor child follows the naturalization and citizenship status of his or her custodial parent. In Obama's case, Berg argued, a minor child follows the naturalization and citizenship status of his or her custodial father. Obama's Indonesian stepfather, Lolo Soetora signed a statement acknowledging Obama as his son, giving Obama natural Indonesian citizenship, which explains the name "Barry Soetoro" and his citizenship listed as Indonesian. Loss of US citizenship, under US law in effect in 1967 required that foreign citizenship be achieved through "application." Which, according to Berg, is precisely what happened to Obama when his mother married Soetoro and the family moved to Indonesia.
When Obama and his mother moved to Indonesia, Obama had already been enrolled in school-something that could not have happened under Indonesian law if Soetoro had not signed an acknowledgment (the application) affirming that Obama was his son, it deemed his son to be an Indonesian State citizen. (Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 mar. 1992, Indonesia Civil Code): "...State children of Indonesia include: (viii) children who are born outside of legal marriage from foreign State citizen mother who are acknowledged by father who is Indonesian State citizen as his children and that acknowledgment is made prior to children reaching 18 years of age or prior to marriage; Republic of Indonesia Constitution, 1945." Furthermore, under Indonesian law, if a resident Indonesian citizen married a foreigner-in this case, Lolo Soetoro marrying Stanley Ann Obama-she was required to renounce her US citizenship.
In his lawsuit, Berg demanded a copy of Obama's Certificate of Citizenship, a document Obama must have applied for to regain his citizenship-which was lost in Indonesia. He will have that document only if the proper paperwork was filed with the US State Department when Obama returned to Hawaii in 1971 since that is the only way Obama could regain his US "natural born" status. Berg is convinced that Obama was never naturalized in the United States after his return. Obama returned to his maternal grandparents in Hawaii without his mother. Since she is the only one who could have filed for the reinstatement of his citizenship, it is unlikely it ever happened. If it did, his Certificate of Citizenship would affirm his right to seek the office of President. Without it, Barack Obama is just another resident alien who can't legally hold his seat in the US Senate.
Written by Jon Ryter
Obama's birth certificate sealed by Hawaii governor
Says Democratic senator must make request to obtain original document
Posted: October 26, 2008
9:54 pm Eastern
By Jerome R. Corsi
© 2008 WorldNetDaily
HONOLULU, Hawaii - Although the legitimacy of Sen. Barack Obama's birth certificate has become a focus of intense speculation - and even several lawsuits - WND has learned that Hawaii's Gov. Linda Lingle has placed the candidate's birth certificate under seal and instructed the state's Department of Health to make sure no one in the press obtains access to the original document under any circumstances.
The governor's office officially declined a request made in writing by WND in Hawaii to obtain a copy of the hospital-generated original birth certificate of Barack Obama.
"It does not appear that Dr. Corsi is within any of these categories of persons with a direct and tangible interest in the birth certificate he seeks," wrote Roz Makuala, manager of constituent services in the governor's office, in an e-mailed response to a WND request seeking the information.
Those listed as entitled to obtain a copy of an original birth certificate include the person born, or "registrant" according to the legal description from the governor's office, the spouse or parent of the registrant, a descendant of the registrant, a person having a common ancestor with the registrant, a legal guardian of the registrant, or a person or agency acting on behalf of the registrant.
WND was told the official reason for denial of access to Obama's birth certificate would be authority granted pursuant to Section 338-18 of the Hawaii Revised Statutes, a provision the anonymous source claimed was designed to prevent identity theft.
Still, the source told WND confidentially the motivation for withholding the original birth certificate was political, although the source refused to disclose whether there was any information on the original birth certificate that would prove politically embarrassing to Obama.