Category Archives: Birth Certificate

Philip J Berg lawsuit, Obama files motion to dismiss, DNC motion to dismiss, September 24, 2008

Posted on September 24, 2008 | 10 comments

 Here are the court documents filed on behalf of Obama and the DNC:

              

 

 

  DMEAST #10118497 v3

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, :

:

Plaintiff :

:

v. : Civil Action No. 2:08-cv-04083-RBS

:

BARACK OBAMA, et al., :

:

Defendants :

DEFENDANT DEMOCRATIC NATIONAL COMMITTEE’S

AND DEFENDANT SENATOR BARACK OBAMA’S

MOTION TO DISMISS

Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National

Committee and Senator Barack Obama respectfully move the Court for an order

dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction

over the claim asserted and that the Complaint fails to state a claim upon which relief can

be granted.

Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion to Dismiss and a proposed Order.

Respectfully submitted,

Dated: September 24, 2008 /s/ John P. Lavelle, Jr.

John P. Lavelle, Jr.

Attorney I.D. PA 54279

BALLARD SPAHR ANDREWS &

INGERSOLL, LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

(215) 864-8603

(215) 864-9125 (Fax)

lavellej@ballardspahr.com

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 1 of 11

 

DMEAST #10118497 v3

 

 

 

2

Of Counsel:

Joseph E. Sandler

SANDLER REIFF & YOUNG PC

300 M Street, S.E. Suite 1102

Washington, D.C. 20003

Telephone: (202) 479-1111

Fax: (202) 479-1115

 

 

sandler@sandlerreiff.com

Robert F. Bauer

General Counsel, Obama for America

PERKINS COIE

607 Fourteenth Street N.W.

Washington, D.C. 20005-2003

Telephone: 202.628.6600

Facsimile: 202.434.1690

RBauer@perkinscoie.com

Attorneys for Defendants

Senator Barack Obama and the

Democratic National Committee

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 2 of 11

DMEAST #10118497 v3

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, :

:

Plaintiff :

:

v. : Civil Action No. 2:08-cv-04083-RBS

:

BARACK OBAMA, et al., :

:

Defendants :

:

BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE

AND DEFENDANT SENATOR BARACK OBAMA

IN SUPPORT OF MOTION TO DISMISS

Defendants Democratic National Committee and Senator Barack Obama submit

this Brief in support of their Motion to Dismiss the Complaint for lack of subject matter

jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1), and for failure to state a claim upon

which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff’s allegations

regarding Senator Obama are patently false, but even taking them as true for purposes of

this Motion, plaintiff’s suit must be dismissed immediately. This Court lacks subject

matter jurisdiction because the plaintiff has no standing to challenge the qualifications of

a candidate for President of the United States. Plaintiff fails to state a claim in any event

because there is no federal cause of action asserted in the Complaint.

I. Allegations of the Complaint

Plaintiff Berg alleges that he is a “Democratic American,” Cmplt. ¶6, and that he

is a “Democratic American Citizen.”

 

 

 

Id

. ¶44. Mr. Berg then alleges that Barack Obama,

the Democratic Party’s nominee for President of the United States, is not eligible to serve

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 3 of 11

 

DMEAST #10118497 v3

 

 

 

2

as President under Article II, section 1 of the Constitution because, Mr. Berg alleges

(contrary to fact) that Senator Obama is not a natural-born citizen.

 

 

 

Id

. ¶3. Mr. Berg

seeks a declaratory judgment that Senator Obama is ineligible to run for President; an

injunction barring Senator Obama from running for that office; and an injunction barring

the Democratic National Committee from nominating him.

 

 

II. Discussion

A. Standard of Review

In determining whether to grant a motion to dismiss for lack of subject matter

jurisdiction, the Court is to determine “whether the complaint alleges facts on its face

which, if taken as true, would be sufficient to invoke the district court’s jurisdiction.”

 

FOCUS v. Allegheny County Ct. of Common Pleas

 

 

 

, 75 F.3d 834, 840 (3d Cir. 1996). The

plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing the

elements of standing.

 

 

 

Id

. And in reviewing a motion to dismiss for failure to state a

claim upon which relief can be granted, the Court “must accept all factual allegations in

the complaint as true” but “is not, however, required to accept legal conclusions either

alleged or inferred . . . .”

 

 

 

Washam v. Stesis

, 2008 U.S. Dist. LEXIS 50520 9 (E.D. Pa.

 

2008),

 

 

 

citing Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993);

see also Bell Atlantic

 

Corp. v. Twombly

 

 

 

, __ U.S. __, 127 S. Ct. 1955, 1964-65, 1968, 1974 (2007) (plaintiff

must state a plausible claim for relief). Thus, although Mr. Berg’s factual allegations

about Senator Obama’s citizenship are ridiculous and patently false, the Court must of

course accept them as true for purposes of this Motion.

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 4 of 11

 

DMEAST #10118497 v3

 

 

 

3

B. The Court Lacks Subject-Matter Jurisdiction Because Plaintiff Has

No Standing To Assert His Claim

“‘[T]he rules of standing, whether as aspects of the Art. III case or controversy

requirement or as reflections of prudential considerations defining and limiting the role of

the courts, are threshold determinants of the propriety of judicial intervention.’”

 

 

 

Penn.

 

Prison Society v. Cortes

 

 

 

, 508 F.3d 156, 158 (3d Cir. 2007), quoting Warth v. Seldin

422

U.S. 490-517-18 (1975). In order to establish the “‘irreducible constitutional minimum

of standing’ under Article III of the Constitution” plaintiff must show, first, an “‘injury in

fact—an invasion of a legally protected interest which is (a) concrete and

particularized, . . . and (b) actual or imminent, not conjectural or hypothetical.’”

 

 

 

Goode

 

v. City of Philadelphia

 

 

 

, 539 F.3d 311, 2008 U.S. App. LEXIS 17153 *9-10 (3d Cir.

 

2008),

 

 

 

quoting Lujan v. Defenders of W

ildlife, 504 U.S. 555, 560 (1992).

In this case, Mr. Berg fails to allege any concrete, specific injury in fact to

himself. He alleges that if Senator Obama is elected as President and then discovered to

be ineligible, “plaintiff as well as other Democratic Americans will suffer Irreparable

Harm including but not limited to: (1) Functional or Actual, Disenfranchisement of large

numbers of Citizens, being members of the Democratic Party, who would have been

deprived of the ability to choose a Nominee of their liking . . . .” Complt. ¶6. It is wellestablished,

however, that a voter’s loss of the ability to vote for a candidate “of their

liking” does not confer standing because the actual injury is not to the voter but to the

candidate. “[A] voter fails to present an injury-in-fact when the alleged harm is abstract

and widely shared or is only derivative of a harm experienced by a candidate.”

 

 

 

Crist v.

 

Comm’n on Presidential Debates

 

 

 

, 262 F.3d 193, 194 (2d Cir. 2001)(per curiam); see

, to

 

the same effect,

 

 

 

Becker v. Federal Election Comm’n

, 230 F.3d 381, 389-90 (1st Cir.

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 5 of 11

 

DMEAST #10118497 v3

 

 

 

4

2000)(supporters of a candidate lacked standing to challenge exclusion of that candidate

from Presidential debates);

 

 

 

Gottlieb v. Federal Election Comm’n

, 143 F.3d 618 (D.C. Cir.

1998)(supporter of a candidate had no standing to challenge dismissal of agency action

against a competing candidate).

For that reason, a voter does not have standing to challenge the qualifications of a

candidate for President of the United States. In

 

 

 

Jones v. Bush

, 122 F. Supp.2d 713 (N.D.

 

Tex.),

 

 

 

aff’d w/o opinion

, 244 F.3d 134 (5th Cir. 2000), voters sued to challenge the

qualifications of then-Gov. George W. Bush and Richard Cheney to be elected President

and Vice-President of the U.S., respectively, on the grounds that they were both

“inhabitants” of Texas in violation of the requirement of the Twelfth Amendment that the

President and Vice President shall not be “inhabitants” of the same state. The Court

dismissed the case on the ground that the plaintiffs lacked standing.

The Court found that plaintiffs’ assertion that a violation of the Twelfth

Amendment “will harm them by infringing their right to cast a meaningful vote . . . fails

to satisfy the Article III requirement of a ‘distinct and palpable injury.’ . . . This type of

injury is necessarily abstract and plaintiffs conspicuously fail to demonstrate how they, as

opposed to the general voting population, will feel its effects.” 122 F. Supp.2d at 717,

 

 

 

quoting Warth

 

 

 

, supra

, 422 U.S. at 501. The Court also ruled that plaintiffs lacked

standing based on harm to non-defendant candidates, recognizing that none of the cases

“established standing for voters to vindicate the interests of candidates for public office.”

 

 

 

Id

 

 

 

. “Because plaintiffs have failed to demonstrate a specific and individualized injury

from the pending alleged violation of the Twelfth Amendment and are unable to show

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 6 of 11

 

DMEAST #10118497 v3

 

 

 

5

personal injury through harm done to non-defendant candidates, the court holds that they

do not have standing under Article III to bring this suit.”

 

 

 

Id

. at 717-18.

 

More recently, in

 

 

 

Hollander v. McCain

, 2008 U.S. Dist. LEXIS 56729 (D.N.H.

2008), a voter sued Senator John McCain and the Republican National Committee,

alleging that, because Senator McCain was born in the Panama Canal Zone, he is not a

“natural born citizen” and is therefore ineligible to hold the office of President. The

Court granted defendants’ motion to dismiss on the grounds that plaintiffs lacked

standing. The Court ruled that the plaintiff “does not have standing based on the harm he

would suffer should McCain be elected President despite his alleged lack of eligibility

under Art. II, §1, cl. 4. That harm, ‘standing alone, would adversely affect only the

generalized interest of all citizens in constitutional governance.’” 2008 U.S. Dist. LEXIS

at *12,

 

 

 

quoting Schlesinger v. Reservists Comm. to Stop the War

, 418 U.S. 208, 217

(1974).

Like Mr. Berg, the plaintiff in

 

 

 

Hollander

also contended that he would be

disenfranchised if he voted for Senator McCain in the general election and Senator

McCain were subsequently removed due to lack of ineligibility. This theory, the Court

held, “does not establish [plaintiff’s] standing because it does not ‘allege personal injury

fairly traceable to the defendant’s allegedly unlawful conduct,’ . . . but to the conduct of

those—whoever they might turn out to be—responsible for ultimately ousting McCain

from office. Indeed, McCain and the RNC are trying to achieve the opposite.”

 

 

 

Id

. at *18,

 

quoting Allen v. Wright

 

 

 

, 468 U.S. 737, 751 (1984). The court concluded that: “This is not

to demean the sincerity of Hollander’s challenge to McCain’s eligibility for the

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 7 of 11

 

DMEAST #10118497 v3

 

 

 

6

presidency; . . . What is settled, however, is that an individual voter like Hollander lacks

standing to raise that challenge in the federal courts.”

 

 

 

Id

. at *21.

 

Like the plaintiffs in

 

 

 

Jones and Hollander

, Mr. Berg manifestly lacks standing to

assert his claim regarding the eligibility of Senator Obama to serve as President.

Accordingly, this Court has no subject matter jurisdiction over that claim.

 

 

C. The Complaint Fails to State a Claim Upon Which Relief Can be

Granted

In any event, the Complaint fails to state a claim upon which relief can be granted

because it fails to establish a cause of action. Mr. Berg cites the Declaratory Judgment

Act, 28 U.S.C. §2201, Cmplt. ¶8, but that Act “has only a procedural effect. Although it

enlarges the range of remedies available in federal courts, it does not create subject

matter jurisdiction. Thus, a court must find an independent basis for jurisdiction . . . .”

 

Mack Trucks, Inc., v. Int’l Union, UAW

 

 

 

, 856 F.2d 579, 583 (3d Cir. 1988). Mr. Berg also

claims that the case “presents a federal question within this Court’s jurisdiction under

Article II of the Constitution.” Cmplt. ¶7. There is no federal cause of action under or

created by Article II of the Constitution, however.

 

 

 

See, e.g., Catholic Charities CYO v.

 

Chertoff

 

 

 

, 2007 U.S. Dist. LEXIS 62732 (N.D. Cal. 2007).

For these reasons, the Complaint fails to state a claim upon which relief can be

granted.

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 8 of 11

 

DMEAST #10118497 v3

 

 

 

7

CONCLUSION

For the reasons set forth above, defendants Democratic National Committee and

Senator Obama’s motion to dismiss for lack of subject matter jurisdiction and for failure

to state a claim should be granted.

Respectfully submitted,

Dated: September 24, 2008 /s/ John P. Lavelle, Jr.

John P. Lavelle, Jr.

Attorney I.D. PA 54279

BALLARD SPAHR ANDREWS &

INGERSOLL, LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

(215) 864-8603

(215) 864-9125 (Fax)

lavellej@ballardspahr.com

Of Counsel:

Joseph E. Sandler

SANDLER REIFF & YOUNG PC

300 M Street, S.E. Suite 1102

Washington, D.C. 20003

Telephone: (202) 479-1111

Fax: (202) 479-1115

sandler@sandlerreiff.com

Robert F. Bauer

General Counsel, Obama for America

PERKINS COIE

607 Fourteenth Street N.W.

Washington, D.C. 20005-2003

Telephone: 202.628.6600

Facsimile: 202.434.1690

RBauer@perkinscoie.com

Attorneys for Defendants

Senator Barack Obama and the

Democratic National Committee

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 9 of 11

DMEAST #10118497 v3

CERTIFICATE OF SERVICE

 

I hereby certify that on this day, a true and correct copy of the foregoing

 

 

 

Defendant

Democratic National Committee’s and Defendant Senator Barack Obama’s Motion to

Dismiss

 

 

 

was served by First Class U.S. Mail, postage prepaid, upon the following:

Philip J. Berg, Esquire

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 09867

Plaintiff

Dated: September 24, 2008 /s/ John P. Lavelle, Jr.

John P. Lavelle, Jr.

 

 

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 10 of 11

DMEAST #10118497 v3

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, :

:

Plaintiff :

:

v. : Civil Action No. 2:08-cv-04083-RBS

:

BARACK OBAMA, et al., :

:

Defendants :

:

ORDER

AND NOW, this ______ day of _______________, 2008, upon consideration of

Defendant Democratic National Committee’s and Defendant Senator Barack Obama’s

Motion to Dismiss, it is hereby ORDERED that said Motion is GRANTED.

J.

Case 2:08-cv-04083-RBS Document 12 Filed 09/24/2008 Page 11 of 11
 

 

10 Comments

Posted in Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Citizens for the truth about Obama, Civil Complaint, Congress, Crime, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Justice, Kenya, National Press Club, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

Tagged , , , ,

Obama, Biden, Pelosi, Hillary, Obama disqualified, Obama removed, Biden drops out, Pelosi next president?, Pelosi set up?

Posted on September 24, 2008 | 9 comments

This article will certainly be attacked by the unimaginative and the uniformed. However, the more I have watched this surreal soap opera play out, the more I have analyzed the happenings before and during the Democratic Convention, and evaluated the chances for Obama and Biden to be removed before or after election, the more I question Nancy Pelosi’s role and motives. Consider the following:

  • Nancy Pelosi was at the forefront of ramroding Obama through as the nominee. This was evident by multiple reports from Hillary supporters at the convention.
  • The Democrat Party has not vetted Obama and ignored the Philip J Berg lawsuit. Obama and the DNC must respond by today, September 24, 2008.
  • If the Berg lawsuit does not remove Obama in time for the election and Obama wins, he certainly will be removed from office for a variety of well documented reasons.
  • If Obama is removed before the election, the DNC has carte blanche to pick anyone they desire.
  • If Biden drops out before the election, the DNC can choose any replacement they desire.
  • Pelosi is third in line behind the VP per the US Constitution.

Pelosi is closer to becoming president than, perhaps, many of you believed or imagined.

If you are concerned about the chicanery from Obama and associates, visit:

http://obamaimpeachment.org

9 Comments

Posted in Announcements, Barack Obama, Birth Certificate, Chicago machine, Citizens for the truth about Obama, Congress, Crime, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Hillary Clinton, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Joe Biden, Justice, Kenya, Nancy Pelosi, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

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Philip J Berg lawsuit, Wednesday, September 24, 2008, Obama response due, DNC response due, Dismissal?, Continuance?, No response is a guilty plea

Posted on September 24, 2008 | Leave a comment

Will Obama or the DNC respond to the Philip J Berg lawsuit today, Wednesday, September 24, 2008 ? Today is the deadline for a response from Obama and the DNC. The FEC has until October 21, 2008 to respond.

I spoke to Philip J Berg last night on MommaE blog radio. I asked Mr. Berg if a ruling related to one of the defendants would affect the lawsuit against the other parties. He stated no. Mr. Berg is confidant that this matter will go forward even if it has to be taken to the Supreme Court of the US.

I believe I speak for all concerned and responsible Americans with the following statement:

If Obama does not prove his citizenship and qualifications to be president, he is guilty in the court of accountability and common sense.

John McCain provided a vault copy of his birth certificate to congress.

The timeline and associated details regarding the lawsuit can be found at the top of the Citizen Wells blog.

Philip J Berg’s website:

http://obamacrimes.com

If you are concerned about this country and the chicanery of Obama, visit:

http://obamaimpeachment.org

Leave a comment

Posted in Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Chicago machine, Citizens for the truth about Obama, Congress, Crime, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Justice, Kenya, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

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Philip J Berg, Obama lawsuit, Obama response by Wednesday, Philip J Berg interview, September 23, 2008, Momma-E blog radio

Posted on September 23, 2008 | Leave a comment

Philip J Berg, who has filed and served a lawsuit against Obama, the DNC and the FEC, stating that Obama is not qualified to be president, will be interviewed on the Momma-E radio show tonight, September 23, 2008. Here is the email that I got from Momma-E:

“The Guest  on my show tonight will be Phil Berg the Attorney that filed the law suit against Obama and his eligibility to be President.

 
 
Show times are;
 
5 PM Pacific
 
6 PM Mountain
 
7 PM Central
 
8 PM Eastern
 
When they get to the Home page they should be able to hear the show immediately when it starts, if not then click on the Red Listen Live button on the top left of the page.  If they would like to Chat and listen then click on the Live Chat Button in the Center of the page, put in their Nickname and click Chat!  The show is only an hour.”
Will Philip J Berg have any news about a response from Obama or the DNC? Tune in and find out. 
 

Leave a comment

Posted in Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Blog Talk Radio, Chicago machine, Citizens for the truth about Obama, Crime, Criminal Complaint, Democrats, DNC, doublespeak, Election, Election 2008, Election update, FBI, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Justice, Kenya, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Radio, Senator Obama, Talk Radio, The Case Against Barack Obama, United States, US Constitution, voters

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Philip J Berg, Obama COLB, factcheck.org, Annenberg, Fake COLB, Factcheck no credibility

Posted on September 23, 2008 | 6 comments

I have known for some time, for multiple reasons, that factcheck.org was deceiving  the public and attempting to produce a valid birth certificate for Barack Obama. The biggest reason is that factcheck.org is tied to Annenberg and Obama has many long time close ties to Annenberg.

Philip J Berg has an update on his website that addresses the deception by factcheck.org. Here is the update:

“Here’s an update that incriminates FactCheck and thoroughly destroys their credibility. They swapped out their high quality photo images for low-quality ones, while claiming, all the while, that “nothing was ever done to the original photos.”

Thanks,

Ron

First of all, I want to let everyone know that I have uploaded ALL of FactCheck’s original high quality, large file size photos that they secretly and swiftly swapped with crappy, puny file size ones. Click on this album link to see the original photos

Next, take a look at the list of FactCheck’s photos in the upper left-hand corner of their web page, Born in the U.S.A., and take notice of their original file sizes and hyperlinks that they have not rewritten.”

Read more here:

http://www.obamacrimes.com/index.php/component/content/article/1-main/21-factcheckorg-credibility-in-question#comments

If you are outraged by the deception from the Obama camp, visit:

http://obamaimpeachment.org

6 Comments

Posted in Annenberg, Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Chicago machine, Citizens for the truth about Obama, Crime, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Justice, Kenya, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

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Philip J Berg lawsuit, Obama, Fox News, Media, PA, Jeff Schreiber, September 24, 2008, Obama response

Posted on September 22, 2008 | 5 comments

Obama has until Wednesday, September 24, 2008 to respond to the Philip J Berg lawsuit that states Obama is not qualified to be president. Citizen Wells has issued challenges to the media in NC to cover this important story. Just yesterday, at the Obama rally in Charlotte NC, I spoke to a man in the military that was aware of the lawsuit and shocked that the media had not covered the story.

Jeff Schreiber, a law student, writer and blog host was in Media PA for a McCain Palin rally and mentioned the lawsuit deadline to a Fox News reporter. Here is what happened:

“After attending a McCain-Palin rally in Media, PA (photos and story coming later), I hunted down Fox News Channel’s Carl Cameron and asked him whether he know about Philip Berg’s suit.

He did not.

He originally thought I was referring to some state-level action regarding ballots. When I told him it was a federal suit and that ANSWERS FROM BARACK OBAMA AND THE DNC ARE DUE ON WEDNESDAY, he made a phone call and referred someone to this site.

So, to those from Fox News currently checking here, all of the materials and links for the Berg suit is located on the right-hand side of this page, under the “BERG v. OBAMA @ AMERICA’S RIGHT” header.

If y’all have any questions, shoot me an e-mail.”

Read more here:

http://www.americasright.com/

Jeff Schreiber is in contact with Philip J Berg and provides some excellent legal perspectives. My hat is off to Jeff for informing Fox News.

5 Comments

Posted in Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Chicago machine, Citizen, Citizens for the truth about Obama, Crime, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election update, FEC, Federal Court, Fox news, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Justice, Kenya, Natural born citizen, NC voters, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, Television, The Case Against Barack Obama, TV, United States, US Constitution, voters

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Obama, Joe Biden, Rumors, Biden out?, Hillary in?, October 5, 2008, DNC sources, Washington insiders, Larry Sinclair, Philip J Berg, Obama not qualified, Obama indictment, Democrats, Feedback from public?

Posted on September 21, 2008 | 31 comments

I am certain there is a  Shakespeare quote that applies and the John Edward’s affair was considered a rumor for quite a while.

I received an email today:

“Quote:

Let me share some info with you that I have gotten from excellent sources within the DNC: 

On or about October 5th, Biden will excuse himself from the ticket, citing health problems, and he will be replaced by Hillary. This is timed to occur after the VP debate on 10/2.”

Now consider the following:

Citizen Wells article September 12, 2008:

Last night I spoke to Larry Sinclair. He was given a heads up from some Washington insiders that he made contact with months ago. I was already aware of the insiders. I have discussed Joe Biden’s comments with bloggers and those around me. Even Rush Limbaugh has been raising questions about Biden. Here is the post I made last night:

https://citizenwells.wordpress.com/2008/09/11/joe-biden-hillary-clinton-philip-j-berg-obama-lawsuit-biden-comments-larry-sinclair-hillary-replace-obama-hillary-replace-biden-did-biden-open-the-door-to-bow-out-biden-dropping-out/

I received an email this afternoon and here is a portion of it:

“We have received information from sources high in the Democratic Party that , in a total desperation move, Hillary Rodham Clinton will replace the hapless Joe Biden as V-P candidate on the Obama ticket.   I will send out more information on this in several minutes.   Hillary Clinton has said that Barack Obama is not qualified to be Commander-in-Chief.  He hasn’t grown any more qualified presumably in the past few weeks.  As the saying goes, “It took a Republican to have the Obama Dems name a woman to the ticket.”
 

 

 

Can this possibly be true?

Will Hillary replace Biden?

Is Obama qualified to be president?

Is Hillary posturing to replace Obama?

My God, this does sound like a soap opera!

I do not believe many Hillary supporters would back the ticket with her as VP. The damage may have already been done.

Are the Democrats testing the waters?

Citizen Wells article September 11, 2008:

However, there is another story that is connected to the Philip J
Berg lawsuit and other stories.

For several days, commenters on this blog, other bloggers and people
around me have been discussing Joe Biden and especially the comments
he recently made about Hillary Clinton. Is Joe Biden opening the
door to bow out? Was this part of a prearranged plan? Rush Limbaugh
claims to have predicted Biden’s actions for some time.

A few hours ago, I posted the following on twitter.com/citizenwells
and I did so without discussing it with Larry Sinclair. Here is what
I posted:

Option

1. Obama disqualified/indicted before election.

2. Obama disqualified/indicted after election, before oath of office.

3. Obama impeached/indicted after oath of office.

4. Obama loses (preferred). Hillary waits 4 years.

Hillary’s odds are good.

For months I have read hundreds of comments regarding the election
and I have come to the conclusion that there is something resembling
a collective consciousness occuring.

Larry Sinclair called me a few minutes ago about some information
he received and about conversations we had when he was in Washington
DC for the Democrats Meeting. (Clarification for MSM, ongoing
conversations occur when you follow a story). All I can say about
what he told me then is that it involved people connected to
Hillary. Larry told me he justed posted a new article and here it is:

“Thursday, September 11, 2008
IS JOE BIDEN GOING TO WITHDRAW FROM THE OBAMA TICKET TO MAKE ROOM FOR HILLARY?
Is Joe Biden going to withdraw from the Obama/Biden ticket to make room for Hillary Clinton?

Could some of my meetings and phone conversation while in DC in May and June of 2008 now being used to have Joe Biden withdraw for personal or medical reasons from the Democratic ticket, making way for Hillary Clinton? This is the feeling coming from some people and it would explain some high level contacts and communications in May and June while I was in DC.

Nothing would surprise me in the Obama camp and I can only say I hope that there is no truth to the emails I am receiving.”

Read more here:

http://larrysinclair-0926.blogspot.com

Honestly folks, With Obama, Biden, Pelosi and Reid running the Democrat Party, would anything surprise you?

A scarier thought just occurred to me. Did Nancy Pelosi push Obama through the DNC Convention knowing she had a shot at inheriting the presidency?

If you are tired of this nonsense and chicanery, visit:

http://obamaimpeachment.org

31 Comments

Posted in Announcements, Barack Obama, Birth Certificate, Chicago machine, Citizens for the truth about Obama, Clintons, Crime, Criminal Complaint, Democrats, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Hillary Clinton, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Joe Biden, John McCain, Justice, Kenya, Larry Sinclair, larrysinclair-0926.blogspot.com, Nancy Pelosi, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, republicans, Rush Limbaugh, Senator Biden, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

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Charlotte NC, Obama rally, Sunday, September 21, 2008, Large crowd, Few protestors, Anti Abortion, Support Military, Crowds misled, Obama has fooled many, Good people fooled

Posted on September 21, 2008 | 13 comments

Barack Obama held a rally in downtown Charlotte NC on Sunday, September 21, 2008. There was a large turnout and the 10,000 reserved tickets did not begin to cover the large numbers. People standing in line were told they would get in, but the majority did not. The crowd was orderly and the only commotion I observed was the banter between the anti abortion and Obama pro choice proponents.

I interviwed the anti abortion group. They were affiliated with Operation Save America. One gentleman stated:

“We want America to return to the lord. We want America to return to the Law.”

I asked for a response from someone standing in line to hear Obama. A lady stated that abortion is not genocide. She also stated that she was an independent, had seen all 3 candidates and chose Obama.

I spent several minutes talking to a gentleman that had spent 4 years
in the Marines and was now in the Army. He was aware of the Philip J
Berg lawsuit served on Obama. He was shocked at the lack of coverage by the MSM. He was also surprised at the armed forces people serving in Iraq that believed Obama would get them home sooner. Perhaps they need to read the article about Obama negotiating with Iraqi leaders to delay discussions until after the election. Obama has a lot of people fooled.

Here are some photos:
 

 

13 Comments

Posted in Abortion, Announcements, Barack Obama, Birth Certificate, Charlotte, Christianity, Citizens for the truth about Obama, Democrats, Election, Election 2008, Election update, FBI, FEC, Federal Court, Government, Illinois bar, Impeach Senator Obama, impeachment, indictment, Iraq War, John McCain, Journalism, Justice, Kenya, Natural born citizen, NC, NC voters, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, republicans, Senator Obama, Television, The Case Against Barack Obama, TV, Uncategorized, United States, US Soldier, voters, WBT radio

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Obama, Charlotte NC, Sunday, September 21, 2008, Protestors, Obama challenged?, Obama needs NC, Voter fraud, Acorn, VA voter fraud, ** Update **

Posted on September 20, 2008 | 14 comments

** Update Below **

Barack Obama will be in Charlotte NC on Sunday, September 21, 2008. Obama needs to win in NC and the race is close. There are reports of voter fraud in Virginia and no doubt it will occur in NC. Obama’s payments to Acorn and his long time association with Acorn will insure that.

Will there be protestors in Charlotte?

Will anyone ask Obama tough questions?

Will anyone challenge Obama on:

  • Long time close association to Tony Rezko.
  • Campaign contributions, state grants with Robert Blackwell, Shomon.
  • Being # 2 on campaign contributions from Fannie Mae, Freddie Mac.
  • Long time ties to William Ayers.
  • Long time ties to Jeremiah Wright, Louis Farrakhan.
  • Illegal trip to Kenya in 2006.
  • Philip J Berg lawsuit. Obama not qualified to be president.
  • Petition to Impeach, expel Senator Obama.
  • Did Obama swear allegiance to US?
  • Did Obama lie on IL bar application?
  • Did Obama  use drugs and have sex with Larry Sinclair in Nov 1999?

Citizen Wells will followup on Obama’s visit and provide an update.

** Update **

I just returned from the Obama rally in downtown Charlotte. This was a spur of the moment trip. Here are some observations:

There was a large crowd that stretched around many city blocks.

There were 10,000 reserved tickets. An unofficial estimate of the crowd was as high as 50,000. I consistently heard the people in line being told they would all be able to get in. This was not the truth.

The crowd remained orderly. The most commotion I noticed was between pro and anti abortion proponents.

I got as close as about 100 ft behind the stage. It was difficult to hear but I got some photos.

I walked quite a distance and as I was walking away, I thought about all the good people of all skin colors that have been fooled by Obama. These people want change in Washington but do not realize that the candidate they have put their confidence in is anything but the right kind of change.

I will post a new article soon and provide some photos.

14 Comments

Posted in Announcements, Barack Obama, Birth Certificate, Charlotte, Charlotte Observer, Chicago machine, Citizens for the truth about Obama, Community Organizer, Democrats, doublespeak, down low, drugs, Election, Election 2008, Election update, Elitism, Fannie Mae, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Jeremiah Wright, Journalism, Justice, Kenya, Larry Sinclair, Larry Sinclair blog, larrysinclair-0926.blogspot.com, Logan Act, Louis Farrakhan, Marxist, money laundering, National Enquirer, Natural born citizen, Nazi Brownshirts, NC, NC voters, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, ODM, PHILIP J. BERG, Politics, Railla Odinga, Rezko, Robert Blackwell, Senator Obama, Sex, Smear campaigns, The Case Against Barack Obama, Tony Rezko, United States, Virginia, voters

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Philip J Berg lawsuit, Obama served, DNC served, FEC served, FOIA request to FEC, FEC FOIA status, FEC response by October 21, 2008, Citizen Wells phone call to FEC

Posted on September 20, 2008 | 4 comments

The MSM has not covered the story of the Philip J Berg lawsuit served
on Barack Obama, the DNC and the FEC. Many people have contacted us
in disbelief at the lack of MSM coverage. It is our duty to keep you
informed and we will continue to do so. If you are unaware of the details
regarding the lawsuit, click on the page link at the top of this blog.
Here are the response deadlines for the Philip J Berg lawsuit:

Berg v. Obama, et al. Civil Case No. 08-cv-04083
 
Answers are due from the various parties to the lawsuite as follows:

Barrack Obama September 24, 2008;

DNC: September 24, 2008 and

FEC: October 21, 2008 (Federal and Government Employees and Entities have sixty (60) days)
 

Citizen Wells requested information via the FOIA from the FEC on 9/13/2008. Here is the FOIA request made to the FEC:
Date 9/13/2008

Federal Election Commission
Attn: FOIA Requester Service Center
Room 408
999 E Street, NW
Washington, DC 20463

Re: Freedom of Information Act (FOIA) Request

Dear Sir / Madam:

This is a request for records under the Freedom of Information Act [or Privacy Act]. I am requesting records created or dated between the dates of August 21, 2008 and September 13, 2008. Specifically, I am requesting documents that relate to

the Philip J Berg lawsuit initiated and served on Barack Obama, the DNC and the FEC.

For the purposes of determining what, if any, fees may be assessed in connection with the processing of this request, I am

a representative of the news media requesting records as part of a newsgathering effort. I am affiliated with Citizen Wells blog. This has an educational aspect due to students getting information from the blog in the absence of reporting by the MSM.

I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government and is not primarily my commercial interest. As stated above, the MSM is not covering this story and the public deserves to know the truth and have the facts reported in a timely manner.

If you have any questions regarding this request, my daytime telephone number is ___________. My email address is ____________. Thank you for your consideration of this request.

Sincerely,

Citizen Wells
The FEC responded via email on Thursday, September 18, 2008. Here is the FEC response:
Citizen Wells
Subject:                        Your Freedom of Information Act Request to the
Federal Election Commission

Dear Citizen Wells:

This email acknowledges receipt of your Freedom of Information Act (FOIA) request dated September 13, 2008.

Please note that, depending upon the nature of your request, we may be able to respond to you more quickly if you are able to state your request more specifically or narrowly, either in terms of the scope of documents you have requested or by refining the timeframe of your request.  If you would like to discuss this option or if you have any questions, please contact the FOIA Requester Service Center at (202) 694-1650.  Please include the following tracking number in all future correspondence regarding this matter – FOIA Request XXXXXX.

Thank you for contacting the Federal Election Commission.

                                       

                                                        Sincerely,

                                                        Candace J. Salley
                                                        FOIA Requester Service

 
I phoned Candace J. Salley on friday, September 19, 2008. She was out of the office and I left a message. I will attempt to speak with her on Monday. I will keep you informed.

4 Comments

Posted in Announcements, Barack Obama, Barry Soetoro, Birth Certificate, Citizens for the truth about Obama, Crime, Criminal Complaint, Democrats, Election, Election 2008, Election update, FEC, Federal Court, Government, Hawaii, Illinois bar, Impeach Senator Obama, impeachment, indictment, Indonesia, Journalism, Justice, Kenya, Natural born citizen, News, Obama 2006 Kenya, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, voters

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