Philip J Berg v Obama update, August 9, 2010, Petition for Rehearing Court EN BANC
From Philip J Berg.
For Immediate Release: – 08/08/2010
For Further Information Contact:
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
Berg Files a Petition for Rehearing Court EN BANC
in the Case of
Berg as Relator vs. Obama
* * *
No Surprise that Attorney General Holder
Will “not” Prosecute “blacks” in Voting Rights Cases
as he has Refused to Prosecute Obama
in this False Claims Act Case
(Lafayette Hill, PA – 08/08/2010) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “Constitutional qualifications” to serve as President of the United States. The Policy of United States Attorney General Eric Holder not to prosecute “blacks” in voting rights cases should be no surprise as A.G. Holder has refused to prosecute Barack Hussein Obama in the False Claims Act [Qui Tam] case of Berg as Relator vs. Obama.
Berg said, “The United States Attorney General, Eric Holder, his offices and staff, including the Department of Justice have a clear Conflict-of-Interest in any type of prosecution against Obama.”
“This type case is usually utilized in Medicaid and Medicare cases where fraud is alleged. In the case against Obama, I set forth that Obama is not “natural born” or “naturalized” but an “illegal alien” and therefore, his term as a United States Senator from Illinois was fraud and the salary and benefits Obama received must be returned to the United States Treasury, an amount in excess of One [$1] Million Dollars. I base my claim on the fact that Obama was adopted/acknowledged by his step-father, Lolo Soetoro, in Indonesia and Obama’s legal name became “Barry Soetoro.” At age ten [10] when he returned to Hawaii, I allege that he did not go through U.S. Immigration on a U.S. Passport, but did so on his Indonesia Passport, therefore, an “illegal alien.” Also, I allege that “Barry Soetoro” [former Barrack Hussein Obama] has never legally changed his name and therefore, he has committed ongoing fraud by using Barrack Hussein Obama.
“The United States Attorney General, Eric Holder, reports directly to the alleged violator, Soetoro/Obama; gives opinions and legal advice to the alleged violator, Soetoro/Obama; was senior legal advisor to Barack Hussein Obama’s Presidential campaign; and served as one of three [3] members on Obama’s Vice-Presidential Selection Committee and thus a major Conflict-of-Interest existed and still exists with my, Berg’s, False Claim or Qui Tam Case.”
Berg’s False Claims Act [Qui Tam] Case was originally filed in the United States District Court, District of Columbia at the end of 2008. The U.S. District Court Dismissed the Qui Tam Action and failed to respond to the issue of the Conflict-of- Interest. Berg Appealed to the United States Court of Appeals for the District of Columbia, who on June 30, 2010, upheld the District Court’s ruling and in so doing stated that Berg failed to demonstrate that the Department of Justice and the Attorney General, Eric Holder, have a Conflict-of-Interest. This simply is not the case.
Government employees are required to comply with the Code of Federal Regulations, which clearly spell out the issue of Conflict-of-Interest. Just to name a few, Eric Holder’s placement with Obama through Obama’s campaign are in violation of the Code of Federal Regulations; the fact Eric Holder reports directly to Obama, the violator, spells out a clear Conflict-of-Interest under the Code of Federal Regulations; the fact Eric Holder gives opinions and legal advice to the alleged violator, is a clear Conflict-of-Interest under the Code of Federal Regulations; the fact Eric Holder was the Senior Legal Advisor to Obama’s Presidential campaign violates the Code of Federal Regulations under Conflict-of-Interests; and the fact Eric Holder served as one of three [3] members on Obama’s Vice-Presidential Selection Committee are all clear Conflict-of-Interests in violation of the Code of Federal Regulations.
For this reason, Berg has filed a Petition for Rehearing En Banc with the United States Court of Appeals for the District of Columbia. When a case is brought to the United States Appellate Court, the matter or a three-Judge panel hears matters complained of. When you request a rehearing En Banc, you are asking for the majority of active Circuit Judges to rehear the case En Banc.
Many Appellate Courts, who have a large number of Judges and a large caseload, will divide the Cases (Appeals) into divisions or panels for each case. For example, three [3] judge panels usually hear United States Appeals Court cases. There are times however, at the request of the panel, or one of the litigants, the case is later reheard by the full court, or, En Banc. En Banc is a French word that means “the full Court”. When a Petition for a Rehearing En Banc is filed, the party filing the Petition is asking for the Full Court to rehear the matter complained of on Appeal.
Berg said, “If a Conflict-of-Interest does not exist in this case, Berg as Relator vs. Obama, then the words ‘Conflict-of-Interest’ must be removed from the Code of Federal Regulations and from all legal and other dictionaries.”
Berg concluded, “If we are denied a rehearing En Banc, then I will take this Case to the U.S. Supreme Court as the issues presented are far too important not to address.”
For copies of all Press Releases and Court Pleadings, go to:
http://obamacrimes.com
Citizen WElls 
LTC Terry Lakin, CNN retraction of defamatory comments, Citizen Wells open thread, August 16, 2010
LTC Terry Lakin, CNN retraction of defamatory comments
From American Patriot Foundation a few minutes ago.
“PRESS RELEASE
ARMY DOCTOR LTC TERRY LAKIN SUCCESSFUL IN DEMAND FOR CNN TO RETRACT DEFAMATORY STATEMENTS
JEFFREY TOOBIN WITHDRAWS VICIOUS STATEMENT HE MADE ABOUT LAKIN SAYS HE NEVER INTENDED THEM TO APPLY TO DECORATED ARMY DOCTOR
Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.
Lakin appeared on the “Anderson Cooper 360” program with his lead counsel, Paul Rolf Jensen on May 7, 2010. A few days later, CNN aired on the same program a panel discussion with three lawyers, the purpose of which was to discuss LTC Lakin and his case. During that program, the following colloquy took place between Messrs. Cooper and Toobin, and a photo of LTC Lakin was displayed during Mr. Toobin’s remarks:
COOPER: It is sad, this guy has given 18 years of service, apparently served honorably, was a doctor, and then seems to be tossing out his career for this. I mean there are principled stands you can take…
TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics…
On June 8, 2010, Jensen wrote CNN President Jonathan Klein as well as Mr. Toobin. In that letter, Jensen wrote: “Mr. Toobin’s statement is patently false. LTC Lakin is neither irrational, a racist, a bigot, a freak, or a lunatic. Nor is there any rational basis to conclude he is any of these things, which of course was Mr. Cooper’s point. Mr. Toobin, unlike Mr. Cooper, made this statement without ever speaking with LTC Lakin (or likely anyone that knows him.) Mr. Toobin’s statement was understood to pertain to LTC Lakin and appears to have been made with actual malice, and particularly in the context given, which is Mr. Toobin contradicting Mr. Cooper saying LTC Lakin’s professional service was honorable, attacks my client’s professional character and standing.
For these reasons, Mr. Toobin’s statement constitutes per se defamation, and is unconscionable, and LTC Lakin demands it be immediately retracted, on air during the “Anderson Cooper 360″ program. Your failure to make such a retraction will leave us no choice but to sue for defamation without further notice or demand.”
Immediately upon receipt of Jensen’s letter, CNN’s Vice President and General Counsel David Vigilante contacted Jensen, and although he denied the statement was defamatory, he agreed that CNN would require Toobin to retract the statement, and true to his word, last month this is exactly what aired:
TOOBIN: Anderson, can I just add one point on an unrelated matter?
COOPER: Sure. Yes.
TOOBIN: A couple of weeks ago, we did a story about Lieutenant Colonel Terrence Lakin. He is the officer who has tried to get out of military service because he believes that President Obama was not born in the United States. He’s one of the so-called birthers. In the course of that report, I made the statement that a lot of the birthers are bigots and racists and there was a picture of Lakin behind me.
I didn’t mean to suggest that he was a bigot and a racist. I was just talking more generally. And I also should correct myself. He wasn’t trying to get out of military service. He is the subject of a court Martial, that’s why we were doing the story. But I didn’t mean to imply that about him.
COOPER: OK, Jeff, thanks.
The videos can be viewed on the website of the American Patriot Foundation, www.safeguardourconstitution.com.
LTC Lakin accepts this second statement as a complete retraction of the first. Although it is regrettable that it took Jensen’s threat of litigation to compel Toobin to take back his vile words, the fact remains that CNN did the right thing in airing this retraction. “The matter is now closed,” Lakin stated today. “CNN and Toobin did the right thing to clear my name, and while I was ready to file suit if necessary to protect my reputation, I am glad my attorney was successful without having to do so.”
Lakin is a Lt. Colonel with almost 18 years of unblemished service to the Army, with six tours of duty abroad, including tours in Bosnia and Afghanistan. He is a physician and has been awarded the Bronze Star for his service. He believes that his oath to support and defend the United States Constitution has compelled him to act as he has, because President Obama’s eligibility under the Constitution to hold office has been seriously questioned, and the President has refused all requests to release documents claimed to exist which could determine his eligibility.
Immediately prior to Lakin’s refusal to deploy, his commander, COL Dale Block wrote of Lakin, “Dr. Lakin is an extremely talented, highly knowledgeable senior Army clinician…he can always be counted on to provide me with expert advice…LTC Lakin is clearly one of the top clinicians in the Northern Regional Medical Command. He has superb clinical skills, rapport with patients and staff…Terry is the best choice for tough assignments…Already on the promotion list to Colonel, he should be groomed for positions of greater responsibility.” COL Block concluded by describing LTC Lakin as “best qualified” and recommended that LTC Lakin be selected for duty as a Clinic Commander (in other words, Block’s own position).
The American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, which has established a fund for Lakin’s legal defense to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
—-end—-
For further information, contact: Margaret Hemenway at (202) 725-7659
WHAT YOU CAN DO NOW
Support Terry’s Efforts
http://www.safeguardourconstitution.com/support-the-foundation.html
Add a Banner to Your Website
http://www.safeguardourconstitution.com/banners-and-graphics.html
Forward this email to anyone you feel may have an interest in Terry’s case.
Click here for forward this email to a friend.”
66 Comments
Posted in Announcements, Attorneys, Barack Obama, Birth Certificate, Citizen, Citizen Journalism, Citizen News, Citizens for the truth about Obama, CitizenWells, CNN, Commander in Chief, constitution, Court martial, Courts, DC, Election, Government, Judges, Lawyers, Military officers, Natural born citizen, News, Obama, Obama administration, Obama impeachment, Obama indictment, Obama lies, Obama Nation, Obama records, Patriotism, The Case Against Barack Obama, United States, US Army, US Constitution, US Military, US Soldier, Washington DC, white house
Tagged 2010, August 16, Citizen Wells open thread, CNN retraction of defamatory comments, LTC Terry Lakin