Philip J Berg files opposition and brief, Obama motion to dismiss, September 29, 2008, Berg response, Affects Hillary voters, FEC allowed campaign contributions, Obama not US citizen

Philip J Berg has filed a opposition and brief to the Obama motion to
dismiss his lawsuit. Mr. Berg made the filing today, Monday, September 29,
2008. Obama filed the motion to dismiss instead of producing a vault
COLB or pledge of allegiance to the US.  Here is the first part of Mr. Berg’s response:

 

 

                 

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

Plaintiff

 

 

:

vs.

 

 

:CIVIL ACTION NO: 08-cv- 04083

:

BARACK HUSSEIN OBAMA, ET AL, :

 

Defendants

 

 

:

ORDER

ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC

NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S

COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)

THIS CAUSE

 

 

came before the United States District Court Judge, Honorable R.

Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National

Committee’s Motion to Dismiss. 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 Certification of Citizenship;

3. A Certified copy of Obama’s Oath of Allegiance.

 

IT IS SO ORDERED

Dated: September ______, 2008

______________________________

Hon. R. Barclay Surrick

United States District Court Judge

For the Eastern District of PA

Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 1 of 35

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

Plaintiff

 

 

:

vs.

 

 

:CIVIL ACTION NO: 08-cv- 04083

:

BARACK HUSSEIN OBAMA, ET AL, :

 

Defendants

 

 

:

PLAINTIFF’S OPPOSITION AND BRIEF IN SUPPORT THEREOF TO

DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC

NATIONAL COMMITTEE’S, MOTION TO DISMISS PLAINTIFF’S

COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)

Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within

Opposition and Brief in support thereof to Defendant’s, Barack Hussein Obama

[hereinafter “Obama”] and the Democratic National Committee’s [hereinafter “DNC”]

Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on the following

grounds:

• Plaintiff has standing to bring suit against Obama and the DNC pursuant

to the following:

(1) Plaintiff has Standing pursuant to 5 United States Code. §702;

(2)

 

 

Plaintiff has Standing pursuant to FEC v. Akins

, 524 U.S. 11 (1998);

(3)

 

 

Plaintiff has Standing Pursuant to 8 U.S.C. §1481(b);

(4) Plaintiff has Standing under 5 U.S.C. §552(B);

(5) Plaintiff has Standing pursuant to 28 U.S.C. §1343, Civil Rights

and Elective Franchise; and

(6) Plaintiff has Standing pursuant to Federal Question Jurisdiction.

• Claims are stated in which relief can be granted. Pleadings in a Complaint

are that of Notice Pleading and not Fact Pleading;

Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 2 of 35

• Plaintiff has suffered

 

 

and imminently will suffer injury – an invasion of a

legally protected interest which is concrete and particularized; and

 

 

The injury suffered by Plaintiff is the kind of injury that Congress

expected might be addressed under the statute. Plaintiff is within the zone of interest

protected by the statute or constitutional provision.

• It is imperative Obama be Court Ordered to turn over the following items

in order resolve the issues presented prior to the Presidential Election:

(a) A certified copy of Obama’s “vault” version ( “original” long

version) Birth Certificate; and

(b). A certified copy of Obama’s Certification of Citizenship; and

(c) A Certified copy of Obama’s Oath of Allegiance.

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 as the Democratic

Presidential Nominee. For this reason, Plaintiff must amend his Complaint and will be

requesting this Court leave to file a First Amended Complaint.

 

 

 

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27 responses to “Philip J Berg files opposition and brief, Obama motion to dismiss, September 29, 2008, Berg response, Affects Hillary voters, FEC allowed campaign contributions, Obama not US citizen

  1. I presume that the first page is the draft of the order sought by Mr. Berg.

  2. WHAT IS YOUR PROBLEM OBAMA, DO YOU NEED MISCHELLE TO TELL YOU TO READ THIS TO YOU.

    CAUSE YOUR MOMMA SHURE NUFF DIDN’T. GET OUT OF THE USA OBAMA & GO BACK WITH BREZINSKI AND THE OTHER SWINES. MAYBE YOU WANT TO THREATEN A FEW MORE AMERICANS BEFORE YOU GO,WHO CARES JUST GET THE HELL OUT OF OUR COUNTRY

  3. why cant he just submit his b.c. what is he hiding

  4. He does not have a vault COLB and he is an Indonesian citizen.

  5. CW
    I agree with you 100%. He tries to attack and use his race as a cover. But not all americans are as stupid as he would like to believe. He makes me sick to my stomach! I pray that somehow the Lord sets this right and BO gets what he deserves a long run in the pen for trying to dupe America and for fraud! He is a theif! I have always been a person that can see and feel KARMA around a person and OBAMA has the worst and he is basicly a total fraud.

  6. This is very important. Obama right now has the lead because of the economic turndown. The public needs to know the Democratic’s part in the economic meltdown and once again Obama’s hypocrisy.

  7. His birth certificate does not exist. That’s the alpha and omega here.

  8. Typical White Person

    This will be worse than the economy if he gets away with this. He could have just answered the first complaint if it’s not true. Apparently, it is true.

  9. The case seems to make sense – I am no expert in these matters though. à

    However, I have some real difficulty with a lawyer having to finance a serious constitutional case through Paypal donations.

    Lawyers do defend pro bono meritorious constitutional cases.

  10. He may have been born in Mombasa, Kenya; but, I now believe he is Indonesian. At any rate he is not eligible to be a candidate for the Presidency of the United States.

    Barack Obama, we’re waiting; quit stalling and answer Mr. Berg’s legal questions.

    Obama Natural born?

    Obama Natural Born II Update

  11. Arnold Toussaint

    HE NEEDS TO LEAVE THIS COUNTRY NOW OR GO TO PRISON WITH THE REST OF HIS CRIME BUDDIES !!! COME ON AMERICA, BRING THIS ISSUE TO THE PUBLIC AND FORCE THEM TO BRING IT OUT TO EVERYONE.

  12. Kudos to Mr. Berg and to Judge Surrick.

    Obama’s failure to nip this in the bud was highly suspicious. Of course, in the light of current misinterpretation of the 14th Amendment, most today feel any child born of an American is an American . . . watch for a firestorm of stupidity.

  13. obama has traveled abroad which requires a passport which requires a birth certificate. if he has no u.s. birth certificate he must have one from another country, unless the unknown folk that paid for his college and supported much of his campain, has enough pull to get him through airports without going through the standard procedures. yes i am wondering why he hesitates to produce his bc and the campain donors list, as well as his connection with questionable people unless it is because he doesn’t have one or it is one of his control things where you do not need to know, just vote for me and i will tell you what to do. i will make all the decisions for you after i get in office. why are there 30 reporters trying to dig up dirt on palin and family and so few trying to see if obama , mc cain, and biden, are clean? is it because they are frightened by her or because she will clean house and they are happy with status quo?

  14. We have nothing to fear but Obama’s election.

  15. We are all sick of the deceit and lies from both sides. If he is lying, put him in jail. He deserves nothing less for at least 10 years. And Democrats: if this is true you do need to clean up your party. Republicans: You too.

  16. its sad the amount of racism and ignorance on this site… hope the kkk meetings go well guys…

    obama/biden 08!

  17. You are playing the race card.
    Do you have something of substance to say and not attacks?

  18. Actually, no, we’re saying God himself could come down before you guys and tell you he is American. You’d then call God a liar.

    His mother is American. He never ever became a citizen of another country. Therefore he is American.

    Case closed. Except for those blinded by the truth.

  19. Your messiah, Obama, is not God.
    Are we clear on that?
    Obama became an Indonesian citizen.
    Are we clear on that?
    Obama did not sign an oath of allegiance to the US.
    Are we clear on that?

  20. I am an undecided voter. How will we know if Obama is a citizen? When will we know?
    At the very least he should sign an oath of allegiance to the US

  21. Have you seen the AP (Associated Press) photo of his Indonesian school record?

  22. Correct me if I’m wrong, but I thought if your parent was an American Citizen that would make the child an American Citizen. There are thousands of children born abroad, on and off military bases around the world and the kids still have U.S. citizenship. Obama’s mom is of course a red blooded American from Kansas right. So what difference does it make?

  23. Well to be fair.. a school record doesn’t prove that he isn’t American. Americans go to school abroad quite often.

  24. OBAMA USED THIS ELEGABILOTY PLOY TO ELEMINATE HIS COMPATITION IN A POLITICAL ELECTION BEFORE. IT WOULD REALLY BE IRONIC IF HE WERE REMOVED FOR THE SAME THING

  25. Gene Cavanaugh

    On the plus side, Berg will rake in a fistful of donations before his case is tossed out of court. As to expense, he is obviously representing himself, so there couldn’t be any “attorney fees”. Take the donations, subtract court fees, and he will walk away with a fistful of money!

  26. As a former math major and someone familiar with legal costs, your characterization is overly simplified.
    He will never make what he would have made in normal billings or litigation splits.
    He has devoted a tremendous amount of time and energy to this effort. He will never regain the late hours spent working on this crucial effort.

  27. There are questions as to where Obama was actually born, in the United States or abroad and then registered his birth. There are further questions regarding Obama’s United States Citizenship, if he ever held such, being expatriated and his failure to regain his citizenship by taking the oath of allegiance once he turned eighteen (18) years of age.
    There are additional questions regarding Obama’s multi citizenships with foreign countries, which he still maintains. To date, Obama has refused to prove he is qualified under the U.S. Constitution and his eligibility to run as President of the United States.
    16. The facts are undisputed by Obama that his mother, Stanley Ann Dunham, was a U.S. Citizen, however, his father, Barack Obama, Sr., was a Citizen of Kenya. Obama’s parents, according to divorce records, were married on or about February 2, 1961.

    Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. Chicago-based Internet journalist, broadcaster and critic Andy Martin states Obama has never renounced his Kenyan citizenship. Andy Martin further states on Obama’s Senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told the Obama, that he (Obama) also held/holds Kenyan nationality.
    24. If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama’s mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). At the time of Obama’s birth, his mother was only eighteen (18) and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship. The laws in effect at the time of Obama’s birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did not qualify under the law on the books to register Obama as a “natural born” citizen.
    Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944). Obama would have only been naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the President. U.S. Constitution, Article II, Section I, Clause 4.
    Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.

    The Nationality Act of 1940 provided for the loss of citizenship when the person became naturalized upon the naturalization of his or her parent having custody of such person. Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a citizen of Indonesia and relocated her and her son (Obama) to Indonesia.

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