Jeff Schreiber has provided an update in the Philip J Berg lawsuit. Mr.
Berg has filed a Motion for Leave to File an Amended Complaint. Here are
some exerpts from Jeff Schreiber’s explanation:
“This morning, prominent Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania Philip Berg filed a Motion for Leave to File an Amended Complaint in his ongoing case against Illinois Sen. Barack Obama and others, arguing that Obama is in fact not a natural born United States citizen and, pursuant to Article II, Section 1 of the U.S. Constitution is ineligible to serve as president of the United States of America.
Now, this does not mean that the amended complaint has been filed. You cannot file an amended complaint, which is why Berg filed a Motion for Leave to File.”
“In the amended complaint which Berg is seeking to file in the wake of a motion to dismiss filed on September 24 by Obama and the Democratic National Committee and his own Opposition and Brief filed last week, Berg added a few claims and a few defendants, as well as rehashed the original allegations made more than a month ago in the initial complaint.
As expected, Berg added Pedro Cortes, Secretary of the Commonwealth for the Commonwealth of Pennsylvania, given Cortes’ role in fomenting and overseeing the electoral process in the Keystone State. He has also added, however, California Sen. Diane Feinstein in her role as Chairwoman of the U.S. Senate Commission on Rules and Administration, and the U.S. Senate Commission on Rules and Administration itself. The latter, according to the amended complaint, is “responsible for investigations into the qualifications of the President and Vice President candidates Federal elections” while the former “has primary authority” for oversight with regard to aspects related to ethics, campaign and election reform.
Berg is seeking, among other things, an order that Feinstein and the Rules Commission–along with the FEC–immediately conduct an investigation into “the fraudulent tactics of Obama” and into his citizenship status as well.”
“He also added a paragraph further addressing and supporting the court’s jurisdiction over the matter at hand, questioned in the motion to dismiss filed by Obama and the DNC.”
“They are responsible for verifying the credentials and qualifications of Members of the Senate, contested elections and acceptance of incompatible offices. Moreover, in addition to the verification of a candidates qualifications, eligibility and credentials, they are responsible for Federal elections generally, including the election of the President, Vice President and Members of the Congress.”
“There is absolutely no other way for Plaintiff to ensure his constitutionally protected rights. The only option Plaintiff had was to bring this action. This is the first time in American History a “naturalized” citizen and/or illegal alien have been allowed to campaign for the Office of President of the United States. There are not any other ways to establish or determine the legal status of our Presidential Candidates, whether Republican and/or Democratic. The FEC and DNC have refused to verify and furnish Plaintiff with Obama’s eligibility or lack thereof. Plaintiff has standing to challenge any person(s) citizenship and/or nationality status pursuant to statute, 8 U.S. C. §1481(b).”
“Berg states that, even if Obama was indeed born in Hawaii to a mother who was a U.S. citizen, the situation in Indonesia, where Obama went to school and may have been formally adopted by his stepfather, it doesn’t matter. As I mentioned in Is This For Real, and Why Hasn’t the Mainstream Media Covered it Yet?, the Indonesian government only began acknowledging dual citizenship in November of 2006; in his amended complaint, Berg cites The Hague Convention of 1930 and argues that since Indonesia did not allow dual citizenship, neither did the United States when it came to Indonesia.”
Read the rest of this important article here:
Help Philip J Berg expose the truth about Obama:
Jeff,
I’m trying to get the legal nuances here. So if Berg can file the amended complaint, will his new allegations against Cortes and Feinstein allow him the necessary damages that were not able to be proven with the initial filing against Obama? Will this make the allegations, if proven, injuries-in-fact, rather than only an abstract injury to the candidate as was earlier pointed out?
Also, what are the chances that this Motion for Leave to File will be granted, and how much time does the Court have to accept or reject the motion?
Thanks!
Jeff Schreiber just emailed this response:
“I think it helps. He still has to show injury in fact, and it’s still a giant hurdle. Just adding the fraud and FOIA claims may not be enough by themselves, but it can’t hurt to show many dimensions to the judge. At the very least, it might have a smelling salt-like effect.”
Thanks Jeff.
Make sure you visit Jeff Schreiber’s site. He provides the insight of a law student and legal writer.
Thank you, Jeff. I hope your optimism holds reward.
Unfortunately, courts move slow.
What is not posted is another person joined in the lawsuit with Berg…apparently that person had filed a similar one in California.
From time of service…30 days to respond, which Obama and the DNC did by filing a Motion to Dismiss, then an Opposition to the Motion was filed by Berg…then a Motion to Suppress discovery was filed by Obama and the DNC until the judge on the case makes a ruling on whether to dismiss.
Then if the judge orders discovery, Obama can delay until a court order is filed…that could take another 60-90 days.
Pardon my ignorance, The DNC and Senator Obama rather than verify he is indeed a natural born citizen of the USA and therefore eligible to run for president instead just indicates that Berg doesn’t have standing to file the lawsuit? Shouldn’t any natural born citizen have standing to file such a suit to prevent someone who may be illegally running for office.
Are any documents out there on the net that is the evidence in this case
Why have I not heard about this suit at all I just stumbled on it tonight purely accidentially
Carolyn.
There is plenty of evidence.
I just reposted the documents showing Obama enrolled in school in Indonesia. His citizenship is listed as Indonesian.
This has been covered up for 3 months.If this was Mccain or palin the democrats would have eaten them alive.The maistream media is pooping in their pants right now, because some one is going to get the blame for not bringing this forward.The big chicken shi** are afraid.including,Orilley and Fox news which really surprises me.I guess they are afraid that if none of this is true,,they might lose their job. SO WHAT///// Every thing they talk about is all lies and hearsay trying to knock the other guy out. I can`t wait untill this exploads.
I have lived in Indonesia. Let’s state some facts regarding Indonesia here. Stating Obama’s nationaltiy by his stepfather as Indonesian does not make Obama an Indonesian citizen. In the 1960’s, Obama would have been discriminated against as a Forenge(foriegner) if people knew he was not the stepfather’s child. To keep the child safe and treated fairly , you would also want to use the father’s surname. Anyone travelling to Indonesia must state their religion. I doubt a 6 year old had any say so in the choice of “Muslim”. I am an Agnostic for instance, which is not a choice, I picked Jewish(my parents are Baptist).We are facing the next Great Depression, is this the way you want to waste the nation’s time? There are legitimate cases that need to be brought against the people who have committed fraud against the American people with regard to the Financial Markets & the Wars. Shouldn’t we go after these criminal’s and not keep beating a dead horse? One other note: My brother was born in the Panama Canal Zone, as was John McCain. His Birth Certificate was lost by the hospital, however, my father was serving as a Captain in the Navy. My brother was able to get a “duplicate” from the State Department as an adult. A friend’s surname was mispelled on her Birth Certificate. The error wasn’t caught by the State of Utah until she was 19 when she registered to vote.Does that mean that my brother or my friend should be suspected as being non-natural citizens of the US if they decided to run for President? Obama has a REAL Certificate of Birth from the State of Hawaii. His birth was announced in the Hawaii Advertiser on August 5,1961. Check it out and stop this nonsense! Let’s deal with the this House of Cards that is crumbling around us!
Carolyn.
Regarding Obama and a supposed real birth certificate.
Based on facts at my disposal, Obama was born in Kenya and became an Indonesian citizen.
The US Constitution must be upheld.