…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.
Intangible or not, Berg said, we have a case where "an American citizen is asking questions of a presidential candidate's eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure."
In fact, the motion to dismiss and motion for protective order filed by Barack Obama and the DNC were not only proper but also an expected maneuver by the defense attorneys. The very idea behind such motions is to foster the adjudication of the matter with minimal damage to the named defendants, and both are measures used more often than not. Still, Berg believes there is more to it.
"While the procedural evasions may be proper," Berg said, "it only makes me believe more that we were correct in the first place, that Obama does not have the documentation we've requested."
While the evidence presented by Berg was largely circumstantial, the attorney says that he is learning more about this narrative--and about the Democratic Party nominee for president--with each passing day. For example, regardless of whether it could be attached to the proceeding as it goes through the appellate process, Berg said, he is in possession of a native-language audiotape of Sarah Obama, Barack Obama's paternal grandmother, stating on the day of the last presidential debate that her famous grandson was indeed born in Kenya, and that she was present in the hospital for his birth. (More at: http://www.americasright.com/)
All rights and credit to Jeff Schreiber
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Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is "NOT" qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court
For Immediate Release: - 10/25/08 - Contact Info at end.
UPDATE: Ruling attached at end. It's a really poor copy, but it is all we have for the moment. Willl put up a better copy when we get one.
(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
# # #
Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659
philjberg@obamacrimes.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it
http://obamacrimes.com/
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Blog Editor's Note:
Other Note: There are still cases pending in Washington, California, Florida, Georgia, , New York, Connecticut and Ohio. Also one in Hawaii (Freedom of information act) to produce the Long Form Certified Birth Certificate.
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Judge rejects Montco lawyer's bid to have Obama removed from ballot
By MICHAEL HINKELMAN
Philadelphia Daily News
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.
Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.
He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.
U.S. District Judge R. Barclay Surrick had denied Berg's request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.
Obama and the Democratic National Committee had asked Surrick to dismiss Berg's complaint in a court filing on Sept. 24.
They said that Berg's claims were "ridiculous" and "patently false," that Berg had "no standing" to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.
Surrick agreed.
In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.
Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."
The judge also said the harm Berg alleged did "not constitute an injury in fact" and Berg's arguments to the contrary "ventured into the unreasonable."
For example, Berg had claimed that Obama's nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)
Berg could not be reached for comment last night.
Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.
Berg said in court papers that the image was a forgery.
The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.
Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4. *
Judge tosses lawsuit challenging Obama citizenship
October 25, 2008 42 minutes ago Excerpt from:http://ap.google.com/article/ALeqM5jvhtmoNEnyP1Bu6Ol4zJsN94mlewD941NCJG0
PHILADELPHIA (AP) — A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.
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Obama Refuses to Answer Birth Certificate Lawsuit
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A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers. More of this article at: http://www.newsmax.com/headlines/obama_birth_certificate/2008/10/24/143882.html ) |