Judge Surrick Dismisses Berg lawsuit, Philip J Berg, Jeff Schreiber analysis

Judge Surrick dismissed the Philip J Berg lawsuit that states that Obama is Indonesian and not eligible to be president. Jeff Schreiber has provided some information on Judge Surrick’s ruling:

“Saturday, October 25, 2008
Lawsuit Against Obama Dismissed from Philadelphia Federal Court
 
The order came down at approximately 6:15 p.m. on Friday. Philip Berg’s lawsuit challenging Illinois Sen. Barack Obama’s constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.

Surrick, it seemed, was not satisfied with the nature of evidence provided by Berg to support his allegations.
Various accounts, details and ambiguities from Obama’s childhood form the basis of Plaintiff’s allegation that Obama is not a natural born citizen of the United States. To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. These sources and others lead Plaintiff to conclude that Obama is either a citizen of his father’s native Kenya, by birth there or through operation of U.S. law; or that Obama became a citizen of Indonesia by relinquishing his prior citizenship (American or Kenyan) when he moved there with his mother in 1967. Either way, in Plaintiff’s opinion, Obama does not have the requisite qualifications for the Presidency that the Natural Born Citizen Clause mandates. The Amended Complaint alleges that Obama has actively covered up this information and that the other named Defendants are complicit in Obama’s cover-up.”

 

“So, who does have standing? According to the Hon. R. Barclay Surrick, that’s completely up to Congress to decide.

If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”

 

“Berg’s attempts to distinguish his own case from Hollander were deemed by Judge Surrick to be “[h]is most reasonable arguments,” but his arguments citing statutory authority were said by the judge to be a venture “into the unreasonable” and were “frivolous and not worthy of discussion.” All in all, the judge wrote, it was the satisfaction of the injury-in-fact requirement which was the problem. Berg’s harm was simply too intangible.

…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.

Berg, disappointed by the decision, plans to appeal to the Third Circuit Court of Appeals and then to the United States Supreme Court.

“This is a question of who has standing to stand up for our Constitution,” Berg said. “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?””

Read more here:

http://www.americasright.com/

The Constitution must be upheld.

Citizen Wells will post an article in the next 48 hours with an action plan.

46 responses to “Judge Surrick Dismisses Berg lawsuit, Philip J Berg, Jeff Schreiber analysis

  1. Thanks to Judge Surrick and his infinite wisdom, there is a distinct possibility that we will have an Indonesian citizen as the next POTUS.

  2. Judge Surrick has his head up his ass make such a dumb ruling.

  3. Baught and paid for by the Dem’s, what a sad, sad situation this is for the american ppl. There is no one, anywhere that cannot be bought. Money the root of all evil will be the down fall of this world.

    We are all in for the worst time of our lives her, if the Nobama gets in!

    May god Help us all, and keep us safe from these ppl who have lie in wait to overtake this United States of America.

  4. Who has standing? Perhaps the RNC better get the ball rolling! RNC are you reading this, pay attention!

  5. Disheartening news at best, Mr. Wells, but one cannot blame Mr. Berg for loving his country and simply doing his patriotic duty. So many of you, yourself and Mr. Zach Jones, Rosettasister, JJ, etc…have cared enough to make the process fair and as open as our free society would allow, but even at this late stage the Obama machine would rather operate in secrecy than take 60 seconds to show an original birth-certificate.

  6. The dismissal is real and was expected.
    However, this is far from over.

  7. zachjonesishome

    Time to tighten the belt and keep fighting for Justice. Zach

  8. Who has standing? Perhaps the RNC should get the ball rolling now! RNC are you reading this? Pay attention….

  9. Let’s get a Presidential candidate like
    Bob Barr or Ron Paul involved in the
    appeal with Berg.

    Surely they have standing, and have
    invested thousands of dollars and
    hours in their campaign! I just contacted
    Barr, Gravel is out of the country. Maybe
    Tancredo?

  10. I just had to break down and cry when I received this news of the ruling.

    So many blind eyes and deaf ears.

  11. Handled right, the Fed District Court throwing out Berg for lack of standing can present a political check-mate “win” on appeal for the anti-Obama side (if not in law, in the Court of Public Opinion). Here’s how: SIMPLY SPREAD AROUND OBAMA’S APPELLATE BRIEF HAVING TO ARGUE AGAINST AN AMERICAN VOTER’S RIGHT TO RAISE THE QUESTION UNDER THE CONSTITUTION. Should be a PR disaster for the Dems and Obama!!!

  12. Phil’s site is down. Savages radio site is down.

    received TWO types Trojan virus on one of my computers from http://www.710kcmo.com/listenlive.asp shortly after Micheal Savage interviewed Phil BERG.

  13. Phil’s site is down. Savages radio site is down.

    received TWO types Trojan virus on one of my computers from 710kcmo.com shortly after Micheal Savage interviewed Phil BERG.

  14. tell me this is NOT over…and NOT over especially before the election. there is so much at stake and this was a “smoking gun”…what recourse is there now? can berg refile in circuit court now? what time frame are we talking? why didnt a judge just say “produce a vault copy of a document you suppoedly have for the world to see on the internet” why would a judge allow a person running for the highest court in the land to avoid showing a birth certificate when you HAVE to-even for a state drivers license. this is insanity….

  15. http://savagepolitics.com/ WATCH THIS VIDEO ON OBAMA AND ISLAM THEY WARN US WE ARE BEING TAKEN OVER BY OBAMA AND WILL BE HAPPY WHEN THE US FALLS THE ISLAMIC ARE HERE READY TO DO BOMBS AND DESTROY US PLEASE VIEW THIS IS A MATTER OF NATIONAL SECURITY AND NO ONE CARES

  16. MR BERG . THANK YOU , I JUST DONT GET HOW A MAN LIKE OBAMA HAS NOT BEEN CHECKED OUT BY THE FBI FOR TERRIORST FRIENDS , HOW CAN A MAN L IKE OBAMA GET ACCESS TO OUR TOP SECURITY AND ARMS . I AM A FRAID FOR OUR COUNTRY OBAMA IS A PLANT WHO HAS BEEM GROOMED TO TAKE US FROM WITHIN, I WISH I COULD LEAVE THIS COUNTRY . NO LONGER WILL THERE BE A GREAT AMERICA, HOW SAD

  17. MR. BERG CAN A CLASS ACTION BE BROUGHT AGAINTS OBAMA . WHY AS AMERICAN WE ARE NOT PROTECTED BY HOME LAND SECURITY OR THE FBI. THE DEM WILL NEVER GIVE INFO ON OBAMA . THIS IS THE MOST DISHEARTED THING I EVER HEARD OF . MAYBE A LARGE GROUP OF CITIZEN WOULD DO BETTER TO PUT A COMPLAINT IN . GOD BLESS THIS COUNTRY PRAY OBAMA DOES NOT GET IN I KNOW A LOT OF PEOPLE ARE AFRAID OF OBAMA AND HIS CHANGE .

  18. While this is not the type of news
    one would like to hear, this pause
    highlights the need for even more
    concerted action by each person.

    Remember, there are many different aspects
    to this campaign and every single person
    has and can carve out a role to play in it.

    In the meantime, it is even more important
    for each freedom appreciating person,
    to focus on the GOAL , commit to
    productive activity within your area/sphere of influence and show up for duty wherever your contribution is needed so that success can be attained.

  19. “I have not yet begun to fight.”

  20. I know we have all donated and Donated but, it is now so important to get to getting John McCain Elected!!! I just sent in another donation so they can fund adds to fight the Obama Campaign.

  21. zachjonesishome

    Maybe it would not hurt if people were to contact Sen. McCain and RNC –
    http://www.johnmccain.com/Contact/

  22. zachjonesishome

    Contact them to have them file suit with Mr. Berg.

  23. Back later.

  24. “I have not yet begun to fight.”

    I think that’s the problem. If Berg was serious he should have presented all of his evidence up-front and involved well-connected strategists within the RNC and McCain campaign.

    As I understand the situation, it was dismissed with prejudice on multiple grounds: Firstly because the judge opined that he did not have standing (debatable), but secondly because he had not presented sufficient evidence that even if he had standing he would have been able to make a strong case.

    The problem is that if this manages to go to appeal it will be impossible now to introduce new evidence . The appeals judge would simply ask why this evidence was not presented in the original case.

    I’m very disappointed in this outcome, but I can see why it happened. Berg simply did not successfully argue his standing nor did he present sufficient evidence to prove that Obama is not a natural born citizen.

  25. Citizen,

    This post is

    NOT 4 PUBLICATION

    FYI only.

    Just saw elsewhere.

    May/may not be useful, can’t say…. as I only
    viewed 1 & 2 and sprinted over here:

    http://news.sky.com/skynews/Home/World-News/Barack-Obamas-Family-In-Kenya/Media-Gallery/20080331310110?lpos=World_News_Article_Related_Content_Region_2&lid=GALLERY_1310110_Barack_Obamas__Family_In_Kenya

    Stay safe!!

  26. Suits have been filed in seven other states as of this date, including Hawaii. Hold on people, it’s coming. All isn’t lost yet.

  27. Thanks, Citizen Wells —

    I, too am disappointed in this ruling. However, I am not backing away from my efforts to expose the truth about Barack Obama —

  28. Lawrence says

    The words I’m putting down need to get into the hands of Judge Surrick, if anyone knows how best to make this happen please let me know and I will surely make it happen: “Judge Surrick, sir if Philip J. Berg, a respected member of the Pennsylvania Bar and former Attorney General for the Commonwealth of Pennsylvania, does not have standing in your eyes, please let it be known who actually fits that description. In throwing out the Berg vs. Obama case for lack of standing, you sir have places your stake in the political history of this great country and will be shamed into obscurity once the truth does come out and trust me it will come out. The majority of the American public will not stand for anything less”!

  29. I think as American Citizens we should ALL file a suit. This is to big to sweep under the carpet. It is the highest position in our country.

  30. This is not over. I read that there are 7 legal actions filed in in different states to remove Obama of the ballot. I am an attorney and trying to reach those attorneys, that filed those actions and hopefully build a task force and fight this fraud together. Does anybody have info on these attorneys? Can anybody help in this effort?

  31. citizenwells, what will be the next action that Mr. Berg will take on this? Will this be ongoing after the election and continue thru an Obama presidency should he become elected and in the event that he is not elected, will Mr. Berg continue to persue Obama’s citizenship status regardless to prevent Obama from having another run for office down the road? What about the other pending lawsuits that are now in place and will this decision from the Philly judge influence those other lawsuits?

  32. It seems there are other States that are interested in the authenticity of the 2007 birth cetificate.
    The latest suits have been filed in state and federal courts in Hawaii, Washington, California, Florida, Georgia, New York, and Connecticut to compel Obama to release his birth records.
    Lawsuits in Washington and Georgia are seeking state superior courts to force the states’ secretary of state, as the chief state elections officer, to require Obama to produce original birth records from Hawaii, or else decertify him as a candidate for the presidency.

    Have Faith not hope.

  33. Folks…there is a coup dete (bloodless to date) going on in America as I write. The wolves are at our door.

    The US Constitution means nothing to our judges, politicians (republican or democrat), or the MSM watchdog media!

    I never dreamed in my wildest nighmare tht our country would be take over like this, but a wise old man (Ben Franklin) once said that anyone who doesn’t protect liberty and freedom deserves neither!

    Has our proude nation come to this point in her demise?

    Well I think our country is about to go down for the count. My only hope is there will be enough good men left standing to pick up the pieces!

    We need another Tea Party soon!

    0 going on in America as I write.

  34. I do not know who the gentleman who spoke on Savage Politics, but he should get on Sean Hannity’s show or Sean should see it. Time is short; however, I happened to think inaugeration is not until January. If something does come out about Obama even if he is elected, can he be thrown out? God Help Us. Please pray for our deliverance from this devil. I truly believe America is in great danger.

  35. There is to be a National Freedom March to be held November 1, 2008 in every major city–especially Washington, DC. Go to their website as they need volunteers for different aspects of the march. This march is to keep Obama from being elected.

  36. This link allows you to sign an electronic petition (or have it printed and hand delivered for $3 each) to your elected officials…. the numbers are climbing continuously but it is at 34,760 currently… I had mine printed and hand delivered.

    http://www.rallycongress.com/constitutional-qualification/1244/stop-obama-constitutional-crisis

  37. Sometimes the perspective from distant relative helps.

    Melanie Phillips asks:

    IS AMERICA REALLY GOING TO DO THIS?

    http://www.spectator.co.uk/melaniephillips/2545716/is-america-really-going-to-do-this.thtml

  38. I just watched about an hour’s worth at http://savagepolitics.com/.

    I certainly wish somebody could afford to buy some prime time and get it on TV. If I wasn’t already alarmed, I’m certainly better enlightened now… and horrified about how naive we have been. Please take some time to watch this. I urge you – and share, share, share before it’s too late.

  39. someone said on this website to contact your secretary of state elections dept. i have prepared a start of a letter, please correct the grammer and typos, send it to your SOS and modify it to make it unique with your own wordings:

    Dear Sir and Ma am:

    It have come to the attention of millions of Americans that the nomination of Barrack (Barry) Hussein Obama, henceforth called BO in this email, by the DNC may not be who he says he is, and therefore is an illegal alien.

    There are now over SEVEN lawsuits, and growing, questioning his background and qualifications to meet the terms set forth by our Constitution to be President of the United States.

    It is your Department’s responsibility to qualify all running candidates to make sure they meet the conditions. Have you the proper, verified, certified documentation that Barrack Hussein Obama is a natural born US citizen?

    Can you provide this documentation?

    There is a preponderance of evidence that says he is not qualified including , but not limited to:
    1- fact, in recent case of Berg vs OBAMA, BO refused to release qualifying documents

    2- fact BO was a citizen of Indonesia, when at the time he was there , Indonesia did not allow dual citizenship with any other nation. So how could he be a citizen of the USA? And by deduction how could he be qualified per our Constitution to be President of United States(POTU)

    3- fact BO went to Pakistan at a time in history when USA did not allow US citizens to visit
    Pakistan. He went there under a Indonesian passport because he was not a US citizen, and therefore by deduction how could he be qualified to be POTU?

    4- fact: his paternal grandmother (that is grandmother on his father’s
    side of the family) witnessed the birth of BO in Kenya, and therefore by deduction how could he be qualified to be POTU?

    5- fact: no live birth certificated embossed with the certification of BO exists , with his fingerprints or foot prints, or signed/certified from a physician from any US state exists in any hospitol in human handwriting, as was the costom in the timeframe BO was borne; and therefore by deduction how could he be qualified to be POTU?

    This is the short list of the facts. Have you properly qualified BO for running for the stated office of President of the United States?

    Can you provide a copy of the validation procedure with supporting documentation?

    Please respond within 48 hours. As a concerned citizen with interest in protecting and abiding by the laws of the State and Consitution and to prevent the propagation of what appears to be ongoing and potential fraud of millions of Americans, it is our right and duty under the law to know if this candidate is qualified to run. If not, millions of us have donated upwards to $600 million dollars to his campaign, which may be the one of the greatest frauds in American history.

    I call on you, along with millions of people in our great stae to forestall and waylay this concern and publish the validation so that these questions can be put to bed once and for all. After all, millions of Americans are required to do the same thing, that is provided certification and credentials when applying for any job in this great nation. This also should apply to the highest job in the land. President of the United States.

    Please respond with a public announcement within 48 hours as well providing the necessary documentations in response to this correspondence, fail to do so and I will consider a lawsuit on the behalf of millions of Americans to seek the truth of this matter and prevent the potential of massive fraud in this upcoming election.

    It is your department’s responsibility to protect the public and do your due diligence. Failing to respond within the allotted time frame
    by providing the necessary documentation can only mean that your department is grossly neglience and not conducting the business of protecting the Constitution which you have sworn to do. Therefore we the people will have no choice but to file a lawsuit in order to get you to your job and conduct the necessary
    diligence per the Constitution of the USA.

    I look forward to hearing from your response and your publication into the major news outlets and broadcast media of the supporting documentation. John McCain released his documents, why can’t BO? What is he hiding? Is your department hiding anything?

    Thank you for your consideration in regard to this matter, I look forward to hearing your response shortly.

  40. Now, you will understand why the Constitution does not require citizenship of federal judges.

  41. please fix grammer and typos in above, there are many, sorry about that

  42. The U. S. Constitution requires citizenship for the POTUS and members of Congress but is silent as to such a requirement for federal judges.

  43. A crime is being committed it is your duty to turn Obama and DNC in to FBI
    FBI Crime Tip11:37AMOct 27th 2008
    Take Some Action Alert FBI TIP LINE
    See FBI Link At Bottom of this Post.

    Obama’s Internet Birth Certificate is a Fake
    See 29 pages and dozens of pictures exposing it as a poor quality
    FAKE at Atlas Shrugs.

    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/07/atlas-exclusive.html

    Action you can take on Birth Certificate Issue.

    We have a constitution crisis on our hands her is what you can do
    Unknown to most Citizen it is your duty to report Criminal or
    suspected Criminal Activity to your FBI.
    There have been well over a hundred million inquiries about Obama’s
    missing Vault Copy of his Birth Certificate.

    These Citizens need to file a crime tip to your FBI Federal Bureau of
    Investigation.
    The form is simple and easy to fill out.
    Trust me the FBI will get the message. Lets get their attention and
    be good Citizens in the process.

    Report a case of Interstate Fraudulent Campaign Activity.

    Nature of Crime both committed and continuing to be committed

    Since Obama and DNC will not produce a Vault Copy of Obama’s Birth
    Certificate and since there exists a Constitutional Requirement for
    holding the Office of the US President, is that the US President be
    must Natural Born Citizen then based on the previous facts Obama and
    the DNC are engaged in an Interstate Act of Fraudulent Activity
    including: Solicitation of several hundred million US dollars and are
    attempting to willfully and knowingly violate the United States
    Constitution by attempting to elect and unqualified Candidate, Obama.

    Evidence of Crime
    Berg v Obama Third Judicial District (Establishes DNC and Obama are
    aware of Vault Birth Certificate has not been released and the
    Natural Born Citizen Requiement)
    Obama and DNC refuse to release a Vault copy of Obama’s Birth
    Certificate.
    Obama was physically in the State Of Hawaii on October 23 and 24
    allowing reasonable opportunity to obtain a Vault copy of his Birth
    Certificate.

    Substantial Questions about the Obama Campaign Internet copy of
    Obama’s supposed Birth Certificate.

    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/07/atlas-exclusive.html
    ACORN Voter Fraud establishes a ���Criminal��� Environment in and
    around the DNC and the Obama Campaign.

    You can file your crime tip at this link. Help Save America.
    FBI Tips and Public Leads
    https://tips.fbi.gov/

  44. Now the constitution is not applicable unless someone is “injured” by its lack of application. Maybe this explains why lack of adherence to the Constitution by those who espouse is as a “living” malleable document is supported. What other Constitutional provisions can we ignore if we decide that “no one” is injured. I declare,”I am injured by this decision.”

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