Here is the text of the Philip J Berg Motion for Leave to File an Amended Complaint. The PDF version can be found here:
http://www.americasright.com/
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE ::
Plaintiff,
:
vs.
: CIVIL ACTION NO. 08-CV-4083:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM; THE :
DEMOCRATIC NATIONAL :
COMMITTEE; THE FEDERAL :
ELECTION COMMISSION; THE :
SECRETARY OF THE :
COMMONWEALTH, :
PENNSYLVANIA DEPARTMENT OF :
STATE; PEDRO A, CORTÉS, :
Secretary of the Commonwealth in his :
Official Capacity; DIANE FEINSTEIN, :
Chairman of the U.S. Senate, :
Commission on Rules and :
Administration in her Official capacity; :
U.S. SENATE, COMMISSION ON :
RULES AND ADMINISTRATION; and :
DOES 1-50 INCLUSIVE ::
Defendants. :
FIRST AMENDED COMPLAINT
FOR DECLARTORY AND INJUNCTIVE RELIEF
PRELIMINARY STATEMENT
1. Article II, Section I of the United States Constitution, states in particular part, “No
Person except a natural born Citizen, or a Citizen of the United States at the time of
the Adoption of this Constitution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have attained to the Age of
thirty five Years, and been Fourteen Years a Resident within the United States.”
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2. “The general doctrine of our Constitution is, that the executive power of the nation is
vested in the President; subject only to the exceptions and qualifications, which are
expressed in the instrument.” 7 Works of Alexander Hamilton, J. C. Hamilton ed.
(New York: 1851), 76, 80–81 (emphasis in original), U.S. Constitution, Article II
(Hamilton and Madison.)
3. Plaintiff is a life long Democrat who had always been proud of his Party. Plaintiff is
a licensed attorney in good standing and has taken an oath to uphold the United States
Constitution. Plaintiff has donated money and billable hours to Democratic
Presidential candidates as well as to the Democratic National Committee. Plaintiff
has relied on the Democratic National Committee’s [hereinafter “DNC”] promises to
uphold our Constitution, which includes properly vetting our Presidential Nominee
and ensuring our Party’s Nominee is eligible to serve as President of the United
States pursuant to Article II, Section 1 of our United States Constitution.
4. Plaintiff has trusted the Federal Election Commission [hereinafter “FEC”] that they
would ensure our Presidential and Congressional candidates are eligible for the
positions which they were seeking and running a fair and legitimate campaign
process. Plaintiff has relied on the FEC, DNC and all our Elected Office Holders to
uphold our Constitution and to ensure an illegal alien and/or a naturalized citizen
would not be able to secure the position of President of the United States.
5. The Democratic National Party is supposed to represent Democratic Americans in
seeking Honest Leadership, Open Government, Real Security, Energy Independence,
Economic Prosperity, Educational Excellence, a Healthcare System that works for
Everyone and Retirement Security. The Democratic Party is supposed to represent
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and protect the interests of working Americans and guaranteeing personal liberties for
all. This includes securing a Democratic Nominee on the Presidential Election ballot
who represents the Democratic vision and who is qualified and eligible to run for
Office of the President pursuant to the qualifications of the United States
Constitution.
6. The actions of Barack Hussein Obama [hereinafter “Obama”], a U.S. Senator, in
running for President of the United States, knowing he is not eligible, have been
taken entirely without authorization under the United States Constitution, completely
ignoring the qualification and procedures created by the United States Constitution he
is purporting to enforce.
7. Should Obama be elected into the Office of the Presidency based on a fraudulent
scheme by way of malfeasance and negligence on his part failing to reveal material
information and evidence proving his ineligibility as a result of his non-citizenship or
non “natural born” status his election into Office of the President will be declared
void. Plaintiff as well as other Democratic Americans will suffer Irreparable Harm as
they will have been deprived of their right to cast their vote for an eligible
Democratic Presidential Nominee who can secure the Office of the President of the
United States.
8. Moreover, Obama and his campaign brought in donations in excess of $450 Million
Dollars by fraudulent means.
9. The DNC, FEC, Pennsylvania Secretary of the Commonwealth, Department of State
and the U.S. Senate, Commission on Rules and Administration have allowed
Obama’s fraudulent scheme and failed to take any action to protect Plaintiff and/or
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other American citizens. The DNC, FEC, Pennsylvania Secretary of the
Commonwealth, Department of State and U.S. Senate on Rules and Administration
refused to investigate Obama’s eligibility to hold the Office of the Presidency and
refused to comply with the Freedom of Information Act [hereinafter “FOIA”] and
turn over documents, which were demanded to prove Obama’s eligibility to hold the
Office of the Presidency to Plaintiff and the American Citizens.
10. Furthermore, the Secretary of the Commonwealth, Pennsylvania Department of State,
should have never allowed Obama on the ballot without the proper verification that
Obama was eligible to serve as the President of the United States. The Pennsylvania
Secretary of the Commonwealth, Department of State, has refused to supply
documents pertinent to satisfy Plaintiff and other voter’s doubts regarding Obama’s
eligibility.
11. There are unanswered questions as to where Obama was actually born, in the United
States or abroad, registering his birth in Hawaii. There are further unanswered
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 unanswered questions
regarding Obama’s “natural” citizenship status in Indonesia and if in fact Obama ever
took the steps necessary and filed the appropriate immigration paperwork to become
a “naturalized” citizen of the United States. Furthermore, there are unanswered
questions into 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.
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JURISDICTION AND VENUE
12. This case arises under the Constitution and laws of the United States and presents a
federal question within this Court’s jurisdiction under Article III of the Constitution
and 28 U.S.C. § 1331.
13. This Court has jurisdiction pursuant to 28 U.S.C. § 1343. Civil rights and elective
franchise.
14. This court has further jurisdiction pursuant to 5 U.S.C. § 702
15. This Court has authority to grant declaratory relief pursuant to the Declaratory
Judgment Act, 28 U.S. C. § 2201.
16. Venue is proper in this Court under 28 U.S.C. § 1391(b).
PARTIES
17. Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”], is an adult individual with a
business address of 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-
2531.
18. Defendant, Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a
Barack Dunham, a/k/a Barry Dunham [hereinafter “Obama”] is an adult individual
with an office address of 713 Hatch, Senate Office Building, Washington D.C.
19. Defendant, The Democratic National Committee [hereinafter “DNC”] is a
corporation with a principal address of 430 S. Capitol Street SE, Washington, DC
20003.
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20. Defendant, The Federal Election Commission [hereinafter “FEC”] was created in
1975 by Congress to administer and enforce the Federal Election Campaign Act
[hereinafter “FECA”]. The FEC is a Governmental Agency with a principal address
of 999 E Street, NW, Washington, DC 20463.
21. Defendant, Secretary of the Commonwealth, Pennsylvania Department of State,
Bureau of Commissions, Elections and Legislation, is a State Governmental Agency
over the Pennsylvania Commonwealth’s electoral process as well as Campaign
Finance, Commissions and Legislation with a principal address of 210 N. Office
Building, Harrisburg, PA 17120.
22. Defendant, Pedro A. Cortés, [hereinafter “Cortés”] sued here in his official capacity,
serves as Secretary of the Commonwealth, for the Pennsylvania Department of State,
located at 210 N. Office Building, Harrisburg, PA 17120, and has primary authority
over the Pennsylvania Commonwealth’s electoral process as well as Campaign
Finance, Commissions and Legislation.
23. Defendant, The U.S. Senate, Commission on Rules and Administration is a
Governmental Agency responsible for investigations into the qualifications of the
President and Vice President candidates Federal elections. The U.S. Senate,
Commission on Rules and Regulations is a Governmental Agency with a principal
address of 305 Russell Building, United States Senate, Washington D.C. 20510.
24. Defendant, Diane Feinstein, [hereinafter “Feinstein”] sued here in her official
capacity as Chairman of the U.S. Senate, Commission on Rules and Administration
located at 305 Russell Building, United States Senate, Washington D.C. 20510 and
has primary authority overseeing the ethics, campaign and election reform.
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STANDING
25. Plaintiff has standing to bring suit against Defendants 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, et seq. (FOIA);
(5) Plaintiff has Standing pursuant to 28 U.S.C. §1343, Civil Rights
and Elective Franchise;
(6) Plaintiff has Standing under the Promissory Estoppel Doctrine; and
(7) Plaintiff has Standing pursuant to Federal Question Jurisdiction.
FACTUAL ALLEGATIONS
26. Since the beginning of the U.S. Constitution, in order to run for Office of the
President, you must be a “natural born citizen” U.S. Constitution, Article II, Section
1.
27. The DNC has pledged and promised Plaintiff and all Democratic individuals they
believe that our Constitution, our courts, our institutions and our traditions are proper
and work.
28. The DNC pledged and promised Plaintiff and all Democratic individuals they will
ensure our Constitution is not a nuisance and have assured Plaintiff and democratic
individuals the United States Constitution is the foundation of our democracy. It
makes freedom and self-governance possible and helps to protect our security. The
Democratic Party has pledged and promised Plaintiff and other Democratic
individuals they will maintain and restore our Constitution to its proper place in our
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government and return our Nation to the best traditions, including their commitment
to government by law.
29. Based on the DNC’s promises and assurances, Plaintiff and other democratic
individuals have donated money in good faith to the DNC and other Democratic
Presidential Nominees. Money donated to the DNC is used to
plan the Party’squadrennial presidential nominating convention; promote the election of eligible
Party candidates, pursuant to the United States Constitution, Article II, Section I, with
both technical and financial support; and works with national, state and local party
organizations, elected officials, candidates and constituencies to respond to the needs
and views of the Democratic electorate and the nation.
30.
The Democratic National Party is supposed to represent Democratic Americans inseeking Honest Leadership, Open Government, Real Security, Energy Independence,
Economic Prosperity, Educational Excellence, a Healthcare System that works for
Everyone and Retirement Security. The Democratic Party is supposed to represent
and protect the interests of working Americans and guaranteeing personal liberties for
all. This includes securing a Democratic Nominee on the Presidential Election ballot
who represents the Democratic vision and who is qualified and eligible to run for
Office of the President pursuant to the qualifications of the United States
Constitution.
31. The FEC is the independent regulatory agency charged with administering and
enforcing the federal campaign finance law. The FEC has jurisdiction over the
financing of campaigns for the U.S. House, the U.S. Senate, the Presidency and the
Vice Presidency. The FEC is also responsible for the Administration, enforcement,
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and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional
authorities or functions with respect to elections for Federal office.
32. The PA Department of State is under the leadership of the Secretary of the
Commonwealth, Pedro A. Cortés, and the mission of the Department of State is to
promote the integrity of the electoral process.
33. Secretary of the Commonwealth, Pennsylvania Department of State, Bureau
of Commissions, Elections and Legislation oversees the Commonwealth’s electoral
process as well as Campaign Finance, Voter Registration, Office of Notary Public,
Commissions and Legislation. The U.S. Senate, Commission on Rules and
Administration also carries the responsibility of investigating any corrupt practices of
our politicians. 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.
34. The U.S. Senate, Commission on Rules and Regulations has failed to perform their
duties in verifying and investigating Obama’s citizenship status and his eligibility.
35. In vetting the Presidential candidate, among other things, the PA Department of State,
Bureau of Commissions, Elections and Legislation, the DNC and FEC are required to
ensure the eligibility requirements pursuant to our Constitution are met and the
Presidential nominee, if elected, is qualified and eligible to serve pursuant to our
United States Constitution.
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36. Obama is a representative of the Democratic People. However, Obama must meet
the Qualifications specified for the United States Office of the President, which he
must be a “natural born” citizen. Additionally, Obama must be at least a
“naturalized” citizen to hold his Office of U.S. Senator for Illinois. Unfortunately,
Obama is not a “natural born” citizen, nor is he a “naturalized” citizen. Just to name
one of the problems, Obama lost his U.S. citizenship when his mother married an
Indonesian citizen, Lolo Soetoro who legally “acknowledged” Obama as his son in
Indonesia and/or “adopted” Obama, which caused Obama to become a “natural”
Indonesian citizen. Stanley Ann Dunham Soetoro relocated herself and Obama to
Indonesia wherein Obama’s mother naturalized in Indonesia. This is proven by
Obama’s school record with the student’s name as “Barry Soetoro”, Father’s name:
Lolo Soetoro, M.A., and Citizenship: Indonesia.
37. There appears to be no question that Defendant Obama’s mother, Stanley Ann
Dunham, was a U.S. citizen. It is also undisputed, however, that 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.
38. Defendant Obama claims he was born in Honolulu, Hawaii on August 4, 1961 and it
is uncertain in which hospital he claims to have been born. Obama’s grandmother on
his father’s side, his half-brother and half-sister all claim Obama was born not in
Hawaii but in Kenya. Reports reflect that Obama’s mother traveled to Kenya during
her pregnancy; however, she was prevented from boarding a flight from Kenya to
Hawaii at her late stage of pregnancy (which, apparently, was a normal restriction, to
avoid births during a flight). By these reports, Stanley Ann Dunham Obama gave
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birth to Obama in Kenya, after which she flew home and registered Obama’s birth.
There are records of a “registry of birth” for Obama, on or about August 8, 1961 in
the public records office in Hawaii.
39. Upon investigation into the alleged birth of Obama in Honolulu, Hawaii, Obama’s
birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and
Queens Hospital. The Rainbow Edition News Letter, November 2004 Edition,
published by the Education Laboratory School did a several page article of an
interview with Obama and his half-sister, Maya. The Rainbow Edition News Letter
reports Obama was born August 4, 1961 at Queens Medical Center in Honolulu,
Hawaii. More interesting in February 2008, Obama’s half-sister, Maya, was again
interviewed in the Star Bulletin, and this time, Maya states Obama was born August
4, 1961 in Kapi’olani Medical Center for Women & Children.
40. Plaintiff is informed, believes and thereon alleges a research team went to Mombassa,
Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. to his
father, a Kenyan citizen and his mother, a U.S. citizen.
41. Even if Obama was, in fact, born in Hawaii, he lost his U.S. citizenship when his
mother re-married and moved to Indonesia with her Indonesian husband. In or about
1965, when Obama was approximately four (4) years old, his mother, Stanley Ann
Dunham, married Lolo Soetoro, a citizen of Indonesia, whom she had met at the
Hawaii University, and moved to Indonesia with Obama. Obama lost his U.S.
citizenship, when his mother married Lolo Soetoro, and took up citizenship of and
residency in Indonesia. Loss of citizenship, in these circumstances, under U.S. law
(as in effect in 1965) required that foreign citizenship be achieved through
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“application.” Such type of naturalization occurred, for example, when a person
acquired a foreign nationality by marriage to a national of that country. Nationality
Act of 1940, Section 317(b). A minor child follows the naturalization and citizenship
status of their custodial parent. A further issue is presented that Obama’s Indonesian
stepfather, Lolo Soetoro, either signed an acknowledgement acknowledging Obama
as his son or Lolo Soetoro adopted Obama, giving Obama natural Indonesia
citizenship which explains the name Barry Soetoro and his citizenship listed as
Indonesian.
42. Obama admits in his book, ”
Dreams from my father” Obama’s memoir(autobiography), that after his mother and Lolo Soetoro were married, Lolo Soetoro
left Hawaii rather suddenly and Obama and his mother spent months in preparation
for their move to Indonesia. Obama admits when he arrived in Indonesia he had
already been enrolled in an Indonesia school and his relatives were waiting to meet
him and his mother. Lolo Soetoro, an Indonesian State citizen, could not have
enrolled Obama in school unless Lolo Soetoro signed an acknowledgement
acknowledging Obama as his son, which had to be filed with the Government. Under
Indonesian law, when a male acknowledges a child as his son, it deems the son, in
this case Obama, as an Indonesian State citizen. Constitution of Republic of
Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning
Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992
concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang
Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie) states in pertinent
part,
State citizens of Indonesia include: (viii) children who are born outside of legalZ:\Forms\Obama, First Amended Complaint 100608
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marriage from foreign State citizen mother who are acknowledged by father who is
Indonesian State citizen as his children and that acknowledgment is made prior to
children reaching 18 years of age or prior to marriage;
Republic of IndonesiaConstitution 1945,
As amended by the First Amendment of 1999, the SecondAmendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of
2002,
Chapter X, Citizens and Residents, Article 26 states, “(1) Citizens shall consistof indigenous Indonesian peoples and persons of foreign origin who have been
legalized [sic] as citizens in accordance with law. (2) Residents shall consist of
Indonesian citizens and foreign nationals living in Indonesia
.”43. Furthermore, under the Indonesian adoption law, once adopted by an Indonesian
citizen, the adoption severs the child’s relationship to the birth parents,
and theadopted child is given the same status as a natural child, Indonesian Constitution,
Article 2. Thus, where Obama was actually born and what his mother’s citizenship
status at the time of this birth is irrelevant.
44. The laws in Indonesia at the time of Obama’s arrival did not allow dual citizenship.
If an Indonesian citizen married a foreigner, as in this case, Obama’s mother was
required to renounce her U.S. citizenship and was sponsored by her Indonesian
spouse. During this time, Indonesia was a Police State. The public schools did not
allow foreign students, only citizens were allowed to attend as Indonesia was under
strict rule and decreed a number of restrictions; therefore, in order for Obama to have
attended school in Jakarta, which he did, he had to be a citizen of Indonesia, as the
citizenship status of enrolled students was verified with Government records.
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45. Obama was enrolled by his parents in a public school, Fransiskus Assisi School, a
public school, in Jakarta, Indonesia. Plaintiff has received copies of the school
registration in which it clearly states Obama’s name as “Barry Soetoro,” and lists his
citizenship as Indonesian. Obama’s father is listed as Lolo Soetoro, Obama’s date of
birth and place of birth are listed as August 4, 1961 in Hawaii, and Obama’s Religion
is listed as Islam. This document was verified by
Inside Edition, whose reporter,Matt Meagher, took the actual footage of the school record. At the time Obama was
registered the public schools obtained and verified the citizenship status and name of
the student through the Indonesian Government. All Indonesian students were
required to carry government identity cards, or
Karty Tanda Pendudaks, as well asfamily card identification called a
Kartu Keluarga. The Kartu Keluarga is a familycard which bears the legal names and citizenship status of all family members.
46. Since Obama’s birth was legally acknowledged by Lolo Soetoro, an Indonesian
citizen, and/or Obama was adopted by Lolo Soetoro, which the evidence supports,
Obama became an Indonesian citizen
and bears the status as an Indonesia naturalchild (natural-born). For this reason, Obama would have been required to file
applications with the U. S. State Department and follow the legal procedures to
become a naturalized citizen in the United States, when he returned from Indonesia.
If Obama and/or his family failed to follow these procedures, then Obama is an
illegal alien.
47. Regardless of whether Obama was officially adopted, (which required a Court
process), by his Indonesian stepfather, Lolo Soetoro, or his birth was acknowledged
(which only required the signing of a governmental birth acknowledgement form),
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by Lolo Soetoro, one of which had to occur in order for Obama to have the name
Barry Soetoro and his citizenship status listed as “Indonesian”, in either and/or both
cases Obama’s name was required to be changed to the Indonesian father’s name, and
Obama became a natural citizen of Indonesia. This is proven by the school records
in Jakarta, Indonesia showing Obama’s name as Barry Soetoro and his citizenship as
Indonesian.
Again, the registration of a child in the public schools in Jakarta,Indonesia was verified with the Government Records on file with the Governmental
Agencies.
48.
The Indonesian citizenship law was designed to prevent apatride (stateless) orbipatride (dual citizenship). Indonesian regulations recognize neither apatride nor
bipatride citizenship.
49.
In addition, since Indonesia did not allow dual citizenship neither did the UnitedStates, Hague Convention of 1930.
50. In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10)
years of age upon his return to Hawaii.
51. As a result of Obama’s Indonesia “natural” citizenship status, there is absolutely
noway Obama could have ever regained U.S. “natural born” status, if he in fact ever
held such. Obama could have
only become naturalized if the proper paperwork wasfiled with the U.S. State Department, in which case, Obama would have received a
Certification of Citizenship.
52. Plaintiff is informed, believes and thereon alleges Obama was never naturalized in
the United States after his return. Obama was ten (10) years old when he returned to
Hawaii to live with his grandparents. Obama’s mother did not return with him, and
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therefore, unable to apply for citizenship of Obama in the United States. If
citizenship of Obama had ever been applied for, Obama would have a Certification of
Citizenship.
53. Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The
relations between Pakistan and India were extremely tense and Pakistan was in
turmoil and under martial law. The country was filled with Afghan refugees; and
Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to
provide arms to the Afghan mujahideen and to assist the process of recruiting
radicalized Muslim men–jihadists–from around the world to fight against the Soviet
Union. Pakistan was so dangerous that it was on the State Department’s travel ban
list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by
their embassy for official business. A Muslim citizen of Indonesia traveling on an
Indonesian passport would have success entering Indonesia, Pakistan and India.
Therefore, it is believed Obama traveled on his Indonesian passport entering the
Countries. Indonesian passports require renewal every five (5) years. At the time of
Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old.
If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2)
provides loss of nationality by native born citizens upon “taking an oath or making an
affirmation or other formal declaration of allegiance to a foreign state…after having
attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1). Since Lolo
Soetoro legally acknowledged Obama as his son and/or adopted Obama, Obama
was a “natural” citizen of Indonesia, as proven by Obama’s school record.
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54. Plaintiff is informed, believes and thereon alleges Obama stated his citizenship as a
“Kenya Citizen” when he applied for and was accepted at Columbia University.
Obama has refused to release any records from Occidental College, Columbia
University, Harvard Law School and any of his medical records.
55. Plaintiffs as well as many other democratic American citizens have requested proof
of Obama’s citizenship status, however to no avail. Obama has promised to be an
open and honest candidate, however, refuses to remove any doubts from Plaintiff’s
and all the other democratic minds and prove his eligibility to serve as President of
the United States.
56. Plaintiff’s civil rights under the due process rights and equal protection of the laws
secured by the U.S. Constitution, Fourteenth (14 ) Amendment
th have been violated byObama’s illegal campaign and will continue to be violated if Obama is allowed to
continue his campaign and if elected, assume the position of President of the United
States. The DNC and FEC have allowed Obama to continue his campaigning,
knowing these issues have arisen and have failed to take and/or instigate the proper
investigation into said matters to protect Plaintiff and other registered voters.
Therefore, the only option Plaintiff had to secure and protect his civil rights was to
bring action before this Honorable Court. Moreover, our laws which protect Plaintiff,
a legal registered voter, and other registered voters from fraudulent campaign
schemes have been violated by the Defendants, 2 U.S.C. §437c, 2 U.S.C §437(g).
Plaintiff has standing to bring suit pursuant to 5 U.S. C §702, as well as 8 U.S. C
§1481(b).
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57. Plaintiff’s rights guaranteed under the Liberty clause of the Fourteenth (14
th)Amendment of the United States Constitution have already been violated. It has been
announced in the main stream media that Obama’s “briefing” has already begun into
our National Secrets, our Nations Top Secrets, which Obama is not privy too and in
violation of our National Security, as Obama is not a legal citizen of the United
States. This has placed Plaintiff and other citizens of the United States in grave
danger. Plaintiff’s Liberty as guaranteed will further be violated if Obama is allowed
to be voted into and assume the position of President of the United States; Plaintiff
will be further damaged and is in serious jeopardy.
58. Plaintiff filed the within action on or about August 21, 2008 against Defendants
seeking Declaratory and Injunctive Relief, declaring Obama an illegal alien and/or
only a “naturalized” citizen ineligible to serve as President of the United States and
enjoining the PA Department of State, Bureau of Commissions, Elections and
Legislation, the DNC and FEC from placing Obama’s name on the ballot and
prohibiting Obama from further campaigning to be elected as President of the United
States, a position he is ineligible to hold.
59. Plaintiff faxed a copy of the original complaint to Obama, the DNC and FEC on
August 22, 2008 prior to the hearing on the TRO before this Honorable Court.
Defendants were further served by personal service on September 4, 2008. Neither
the DNC nor Obama have supplied any type of proof of Obama’s citizenship status
and/or eligibility to serve as President of the United States.
60. Plaintiff has asked for a simple resolution. Plaintiff has asked that Obama supply a
genuine certified copy of his original long version “vault” Birth Certificate, A
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Certification of Citizenship and a certified copy of his Oath of Allegiance. If in fact
Obama can prove his “natural born” citizenship status, which he
cannot, then he hasnot been prejudiced in anyway, but instead Plaintiff has been protected and his civil
rights secured. However, if Obama is unable to supply said documentation, then he
needs to withdraw his candidacy, again which will eliminate Plaintiff’s deprivations
and instill Plaintiff’s constitutionally protected safeguards and rights.
61. There is absolutely
no other way for Plaintiff to ensure his constitutionally protectedrights. 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).
62. The Federal Bureau of Investigation (FBI) does not perform background checks
and/or verify their eligibility on our Candidates to hold Office. According to the FBI,
once a candidate is voted into Office of Congress, they are members of Congress and
therefore they are given a Secret Clearance, again, without any type of background
check and/or verification processes performed.
63. Plaintiff, as well as other Democratic voters have and are suffering the total loss of
confidence in the DNC primary process because of the massive cheating and
skewering of rules to make an illegitimate ineligible candidate the nominee in
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violation of DNC rules and the U.S. Constitution, robbing voters of their voices and
votes. Plaintiff and millions of other Democratic voters have lost all trust in the
integrity of the PA Department of State, Bureau of Commissions, Elections and
Legislation, the FEC and Democratic Party leaders by the total failure of the DNC to
perform the most basic of functions by insisting any candidates produce
basic documents in vetting their eligibility, especially after there were repeated
requests demanding Obama’s eligibility be proven with certified legitimate
documents which had not been forged. This failure to perform even the most basic of
due diligence has shattered Plaintiff’s faith, along with millions of
Democratic voters, in the Democratic system.
64. Plaintiff has been damaged financially for all monies donated, billable hours spent
supporting the Democratic candidates, taxes paid by Plaintiff which went to the
Secret Service for their protection of Obama for the past twenty (20) months and for
the financial costs and time expended of this litigation, when Defendants could have
very easily investigated, verified and obtained proof of Obama’s eligibility to serve as
President of the United States, if in fact he is eligible.
65. Plaintiff has suffered damage to his reputation and discrimination as a result of
attempting to protect his rights and verify the eligibility of Obama to serve as
President of the United States. Plaintiff has been repeatedly called a racist and
verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a
racist and is a paid Life Member of the NAACP. Obama himself stated to a crowd of
his supporters,
“I need you to go out and talk to your friends and talk to yourneighbors. I want you to talk to them whether they are independent or whether they
Z:\Forms\Obama, First Amended Complaint 100608
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are Republican. I want you to argue with them and get in their face”
, as quoted in anewspaper article published in the San Francisco Gate, by Kathleen Hennessey,
Associated Press Writer, on September 17, 2008. Obama is promoting attacks on
non-supporters, which is creating racial tension and violence in our communities, of
which Plaintiff has been victim too.
66. Plaintiff has attempted to obtain the verification and proof requested herein by way of
requests, filing this action, Admissions and Request for Production of Documents
served upon Defendants September 15, 2008 and by Subpoenas served upon agencies
who could supply the documentation to prove Obama’s citizenship status. To date,
Plaintiff has not received anything. Plaintiff has received five (5) letters from
agencies that were served with subpoenas claiming they need Obama’s signatures to
comply and/or the confidentiality of the documents were protected from disclosure to
third parties under 5 U.S. C. § 552. The Freedom of Information Act (FOIA), 5
U.S.C. § 552(a) allows for the disclosure of documents. If the documents contain
confidential information, the Agency is required to redact the confidential part, e.g.
social security number.
67. Further damages to Plaintiff, if Obama is voted into the Office of the President and
allowed to assume said position, in violation of Article II, Section of our Constitution
as he is not a “natural born” citizen, it would be Unconstitutional. Plaintiff would
suffer further damages as any act or action that Obama executes is Unconstitutional.
This would create massive litigation and a complete disarray of our government and a
Constitutional crisis.
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68. Furthermore, the DNC has made specific promises to uphold our Constitution and to
protect the Democratic people; however, they have failed, which constitute damages
under “Promissory Estoppel”.
69. Plaintiff does not have any other means of redress. The issues presented are critical
in order to protect the rights of Plaintiff. Furthermore, there are not any specific
administrative remedies outlined in our laws pertaining to the challenge of a
Presidential candidate who in fact is not a qualified citizen to serve as our President
of the United States pursuant to our United States Constitution.
70. If Obama is allowed to continue his campaign and is elected as our President of the
United States it will be unconstitutional to allow him to serve. Further, if the issues
of Obama’s citizenship status are ignored and he is allowed to assume the position of
President of the United States, anything Obama enters into and/or signs while in
Office will be void, as Obama is not constitutionally eligible to hold the Office of
United States President.
71. Due to the urgency of these issues, Plaintiff is requesting waiver of the Government
Claim requirement.
72. Plaintiff is requesting through this lawsuit an Order for Obama, the DNC, the FEC,
the U.S. Senate, Commission on Rules and Administration and the Pennsylvania
Department of State, Bureau of Commissions, Elections and Legislation to
immediately turn over to Plaintiff the following documents:
(a) A certified copy of Obama’s “vault” (original long version) birth
certificate;
(b) All reissued and sealed birth certificates of Obama;
(c) A certified copy of Obama’s Certification of Citizenship;
Z:\Forms\Obama, First Amended Complaint 100608
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(d) A certified copy of Obama’s Oath of Allegiance taken upon age of
majority; and
(e) Certified copies of Obama’s Admission forms for Occidental College,
Columbia University and Harvard Law School.
COUNT ONE
(Against All Defendants)
Violation of the United States
Constitution, Article II, Section I
73. Plaintiff hereby incorporates Paragraphs 1 through 72 as if fully set forth herein.
74. The United States Constitution, Article II, Section I, Clause 4, Qualifications, Office
of President, states:
“No person except a natural born citizen, or a citizen of the United States,
at the time of the Adoption of this Constitution, shall be eligible to
the Office of President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty-five Years,
and been fourteen Years a Resident within the United States.”
75. Obama does not and has not been eligible to be constituted a United States “natural
born” citizen and has failed to obtain and/or maintain “naturalized” citizenship status.
76. Obama, if born in Kenya would have made him a citizen of Kenya. Furthermore,
because of the 1940 Naturalization Act, June 1952, Obama’s mother would have had
to be nineteen (19) in order for Obama to be a “natural born” United States citizen.
Obama’s mother was only eighteen (18) when she had Obama and therefore was not
old enough to meet the residency requirements under our laws at the time of Obama’s
birth and be able to register her son’s birth as a “natural born” citizen.
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77. Even if Obama would have been able to be registered as a U.S. “natural born” citizen
in Hawaii, which was not legally permissible, he lost his citizenship in the United
States when his mother married Lolo Soetoro, a citizen of Indonesia, and became a
naturalized citizen in Indonesia and set up residency in Indonesia with her new
husband. Minor’s follow their custodial parent’s citizenship status.
78. Moreover, Obama’s Indonesian step father, Lolo Soetoro, signed a Government
acknowledgement form acknowledging Obama as his son and/or legally adopted
Obama, either of which changed Obama’s citizenship status to a “natural” citizen of
Indonesia. Thus, Obama could have only obtained Naturalized citizenship status in
the United States, if in fact he and/or his family filed the proper immigration
paperwork after his return to the United States from Indonesia.
79. Obama’s Indonesian citizenship status is proven on his school record with a public
school in Jakarta Indonesia, which he attended. Obama’s school record clearly states
his name Barry Soetoro, his citizenship, Indonesian, his religion Islam. This
information was verified by the public schools in Jakarta upon registration of the
student with the Indonesian Government. Indonesia did
not allow foreign students toattend their schools and Indonesia Immigration Officials and the Police frequently
visited the schools to ensure the students attending were all Indonesian citizens
pursuant to the laws.
80. Students attending the public school system in Jakarta Indonesia at the time Obama
attended had to wear and/or carry with them identification cards, again which were
verified with the Governments records in Indonesia. The student’s identification
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cards displayed their citizenship number, their legal name, their parents names, etc.
The identification cards had to match the student’s school enrollment information.
81. Plaintiff is informed, believes and thereon alleges Obama stated his citizenship as
Kenyan on his College Admission forms to Occidental College, Columbia University
and Harvard Law School.
82. The Democratic National Committee (DNC) is supposed to represent and protect the
interests of working Americans, which includes securing a Democratic Nominee on
the Presidential Election ballot who represents the Democratic vision and who is
qualified and eligible to run for Office of the President pursuant to the qualifications
of the United States Constitution. The DNC has also promised all democratic
citizens, including Plaintiff that they will in fact uphold the Constitution and require
those in office to do the same. The DNC has failed to inquire into Obama’s
eligibility status.
83. The FEC has the responsibility to ensure the Presidential candidate is in fact eligible
to serve as President of the United States and is responsible for the administration,
enforcement and formulation of policy, exclusive jurisdiction of civil enforcement,
congressional authorities or functions with respect to elections for Federal Office, 2
U.S.C. § 437c (b).
84. The FEC is also responsible for ensuring the compliance with the Federal Election
Campaign Fund Act, which includes eligible candidates, candidates of a political
party for President and/or Vice President of the United States who have met all
applicable conditions for eligibility for the position being sought in order to receive
payments. 26 U.S.C. § 9002, et seq.
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85. The U.S. Senate, Commission on Rules and Administration and Feinstein also carry
the responsibility to ensure the Presidential candidate is in fact a U.S. “natural born”
citizen and eligible to serve the position they so seek. U.S. Senate, Commission on
Rules and Administration and Feinstein has the responsibility to ensure corrupt
practices are not taking place or corrupt actions of any member of the Senate. The
U.S. Senate Commission on Rules and Administration and Feinstein have the
responsibility of verifying the credentials, qualifications and eligibility status of all
Members of the Senate, contested elections, Federal elections generally, including the
election of the President, Vice President and Members of the Congress, Standing
Rules of the Senate, Rule 25.
86. The DNC, FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration have failed Plaintiff as they have not performed their duties so
delegated to them pursuant to the Laws of our Country and their promises.
Defendants have allowed an ineligible candidate to be nominated as United States
President without performing due diligence in verifying Obama’s eligibility and/or
investigating the fraudulent acts of Obama, for which Plaintiff has been damaged.
Defendants have further allowed the illegal and fraudulent campaigning efforts of
Obama to continue in an attempt to allow an ineligible candidate to serve as United
States President in violation of our United States Constitution.
87. The PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation has the
responsibility of placing eligible candidates on the official ballot for the
Commonwealth of Pennsylvania. The Department of State, Bureau of Commissions,
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Elections and Legislation has failed to verify Obama’s citizenship status prior to
placing his name on the ballot in Pennsylvania.
88. The DNC, FEC, Feinstein, U.S. Senate, Commission on Rules and Administration
and the PA Department of State and Pedro A. Cortés, PA Secretary of the
Commonwealth, PA Department of State, Bureau of Commissions, Elections and
Legislation have allowed Obama’s illegal and fraudulent campaign, which Obama
has received in excess of $450 Million in donations, to continue knowing Obama is
not
a “natural born” citizen and knowing Obama is not eligible to take and/or servethe position of President of the United States, for which he was receiving donations.
89. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived liberty, property, due process of law and equal protections of the laws
all guaranteed under the United States Constitution.
90. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
immediately step down and withdraw his candidacy for United States President.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
Z:\Forms\Obama, First Amended Complaint 100608
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1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, Secretary of
Z:\Forms\Obama, First Amended Complaint 100608
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the Commonwealth, PA Department of State, Bureau of Commissions, Elections
and Legislation from placing Defendant Barack Hussein Obama, a/k/a Barry
Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a
Barack Dunham’s name on the ballot for election of United States President;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT TWO
(Against All Defendants)
Civil Rights, Civil Action for Deprivation of Rights
In violation of 42 U.S.C. §1983
91. Plaintiff hereby incorporates Paragraphs 1 through 90 as if fully set forth herein.
92. Defendants, acting under the color of law and in concert with one another, engaged in
intentional due process and equal protection of the law violations. In so doing,
Defendants have caused the Plaintiff to suffer deprivation of his fundamental rights to
Z:\Forms\Obama, First Amended Complaint 100608
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due process and equal protection of the laws secured by the United States
Constitution under the Fourteenth Amendment and the Laws of the United States.
93. Plaintiff has been deprived of money and billable hours by fraudulent means as a
result of donating money and billable hours to secure, as promised, an eligible
Democratic candidate for Office of the Presidency, in which to cast his vote. The
DNC named Obama as the Democratic Nominee, who is ineligible to serve as the
United States President as he is not a “natural born” citizen, a qualification and
eligibility requirement pursuant to Article II, Section I of the United States
Constitution. Moreover, Plaintiff has been deprived of his right to vote for an eligible
Democratic Nominee for the U.S. Office of the President.
94. On September 2, 2008, an avid Obama supporter, Fatimah Ali, an Opinion writer for
The Philadelphia Daily News reported Ms. Ali’s opinion, ”
If McCain wins, look fora full-fledged race and class war, fueled by a deflated and depressed country,
soaring crime, homelessness – hopelessness!
“95. Fox News followed this story publishing, ”
A fanatical Obama supporter inPhiladelphia is threatening a race war if John McCain wins
“96. Obama stated to a crowd of his supporters,
“I need you to go out and talk to yourfriends and talk to your neighbors. I want you to talk to them whether they are
independent or whether they are Republican. I want you to argue with them and get
in their face…You are my Ambassadors”,
as quoted in a newspaper articlepublished in the San Francisco Gate, by Kathleen Hennessey, Associated Press
Writer, on September 17, 2008. Obama is furthering racial tension and promoting
Z:\Forms\Obama, First Amended Complaint 100608
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attacks on non-supporters, which is creating racial tension and violence in our
communities, of which Plaintiff has been victim too.
97. Obama and his campaign have abused their position and the law for intimidation
purposes to stop people from free speech when the speech includes criticism or
questioning of Obama in violation of Plaintiff’s and other American’s civil Rights.
98. Missouri Governor Matt Blunt issued a Press Release stating in pertinent part, ”
WhatSenator Obama and his helpers are doing is scandalous beyond words…… abusing
the justice system and offices of public trust to silence political criticism with threats
of prosecution and criminal punishment. This abuse of the law for intimidation insults
the most sacred principles and ideals of Jefferson. I can think of nothing more
offensive to Jefferson’s thinking than using the power of the state to deprive
Americans of their civil rights. The only conceivable purpose of Messrs. McCulloch,
Obama and the others is to frighten people away from expressing themselves, to chill
free and open debate, to suppress support and donations to conservative
organizations targeted by this anti-civil rights, to strangle criticism of Mr. Obama, to
suppress ads about his support of higher taxes, and to choke out criticism on
television, radio, the Internet, blogs, e-mail and daily conversation about the
election. “Barack Obama needs to grow up……Enlisting Missouri law enforcement
to intimidate people and kill free debate is reminiscent of the Sedition Acts – not a
free society.”
99. As a result of Obama’s message to the People of America, Plaintiff has suffered
damage to his reputation and discrimination and fears for his safety as a result of
attempting to protect his rights and verify the eligibility of Obama to serve as
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President of the United States. Plaintiff has been repeatedly called a racist and
verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a
racist and is a paid Life Member of the NAACP. Plaintiff has received numerous
nasty emails accusing him of being a racist as a result of filing this action against
Obama. Moreover, Plaintiff has been verbally assaulted by black individuals at a
local store he frequents as well as in public for bringing suit against Obama
questioning his citizenship status. All of which is in violation of Plaintiff’s right’s to
due process of the law, equal protection of the laws and the Liberty Clause secured by
the Fourteenth Amendment of the U.S. Constitution.
100. Defendants are attempting to change our United States Constitution without proper
due process of law by allowing Obama to continue his campaign and continue
seeking election as the President of the United States, knowing he is not a “natural
born” citizen and the fact he may not even be a “naturalized” citizen.
101. It has been announced in the main stream media that Obama’s “briefing” has already
begun into our National Secrets, our Nations Top Secrets, which Obama is not privy
too and in violation of our National Security, as Obama is not a legal citizen of the
United States. This has placed Plaintiff and other citizens of the United States in
grave danger. Plaintiff’s Life, Liberty and Property rights guaranteed by the
Fourteenth Amendment of the U.S. Constitution will further be violated if Obama is
allowed to be voted into and assume the position of President of the United States;
Plaintiff will be further damaged and is in serious jeopardy.
102. Obama was born in Mombosa, Kenya, and his mother was not old enough to pass on
U.S. “natural born” citizenship status to Obama,
United States of America v.Z:\Forms\Obama, First Amended Complaint 100608
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Cervantes-Nava
, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2dCir.1998).
103. Additionally, Obama lost any “naturalized” citizenship status when he b e c a m e a
“natural” citizen of Indonesia. Obama’s mother married Lolo Soetoro an Indonesian
Citizen in or about 1964/1965. Lolo Soetoro acknowledged Obama as his son and/or
adopted Obama thus changing his citizenship status to a “natural” citizen of
Indonesia. Under Indonesian law, when a male acknowledges a child as his son, it
deems the son, in this case Obama, as an Indonesian State citizen. Constitution of
Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006
concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar.
1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undangundang
Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie). Republic
of Indonesia Constitution 1945, a
s amended by the First Amendment of 1999, theSecond Amendment of 2000, the Third Amendment of 2001 and the Four th
Amendment of 2002,
Chapter X, Citizens and Residents, Article 26 states “(1)Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin
who have been legalized as citizens in accordance with law. (2) Residents shall
consist of Indonesian citizens and foreign nationals living in Indonesia
.” Obama wasa “natural” citizen of Indonesia and not a foreign national, as proven by his
Indonesian school registration
104. The DNC, FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration have failed Plaintiff as they have not performed their duties so
delegated to them pursuant to the Laws of our Country and their promises.
Z:\Forms\Obama, First Amended Complaint 100608
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Defendants have allowed an ineligible candidate to be nominated as President of the
United States without performing due diligence in verifying Obama’s eligibility
and/or investigating the fraudulent acts of Obama, for which Plaintiff has been
damaged. Defendants have further allowed the illegal and fraudulent campaigning
efforts of Obama to continue in an attempt to allow an ineligible candidate to serve as
President of the United States in violation of our United States Constitution.
105. The PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation has the
responsibility of placing eligible candidates on the official ballot for the State of
Pennsylvania. The PA Department of State, Bureau of Commissions, Elections and
Legislation has failed to verify Obama’s citizenship status prior to placing his name
on the ballot in Pennsylvania.
106. The DNC, FEC, Feinstein, U.S. Senate, Commission on Rules and Administration,
the PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation have
allowed Obama’s illegal and fraudulent campaign, which Obama has received in
excess of $450 Million in donations, to continue knowing Obama is
not a “naturalborn” citizen and knowing Obama is not eligible to take and/or s e r v e t h e
position of President of the United States, for which he was receiving donations.
107. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived liberty, property, due process of law and equal protections of the laws
all guaranteed under the United States Constitution.
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108. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
immediately step down and withdraw his candidacy for President of the United
States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
Z:\Forms\Obama, First Amended Complaint 100608
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C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, PA
Secretary of the Commonwealth, PA Department of State, Bureau
of Commissions, Elections and Legislation from placing Defendant Barack
Hussein Obama, a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro,
a/k/a Barry Dunham, a/k/a Barack Dunham’s name on the ballot for election of
President of the United States;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
Z:\Forms\Obama, First Amended Complaint 100608
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I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT THREE
(Against All Defendants)
Civil Rights, Conspiracy to Interfere with Civil rights
In violation of 42 U.S.C. § 1985
109. Plaintiff hereby incorporates Paragraphs 1 through 108 as if fully set forth herein.
110. Defendants, acting under the color of law and in concert with one another, engaged in
intentional due process and equal protection of the law violations. In so doing,
Defendants have caused the Plaintiff to suffer deprivation of his fundamental rights to
due process and equal protection of the laws secured by the United States
Constitution under the Fourteenth Amendment and the Laws of the United States.
111. Defendants and each of them conspired with each other to deprive Plaintiff of his
right to due process, right to equal protection of the laws, and protection of the laws
of the Commonwealth of Pennsylvania, as well as Plaintiff’s Constitutional Rights
secured by the Fourteenth Amendment of the United States Constitution.
112. Obama knowing he is not a “natural born” United States Citizen and knowing he is a
citizen of Indonesia fraudulently sought and accomplished having his name placed on
the ballot for the Democratic Nominee for President of the United States, which he
accomplished.
113. Obama encouraged his supporters to act as his Ambassadors; to knock on doors, get
mad and get in peoples faces in efforts to seek their votes for Obama, which has
created violence and racial tension. Unfortunately, Obama’s supporters have
complied with Obama’s request.
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114. Obama has further fraudulently campaigned to be elected as President of the United
States and has obtained in excess of $450 Million dollars in donations based on his
fraudulent campaigning, again, knowing he is not eligible to serve as President of the
United States as he is not a “natural born” U.S. citizen, as required by the United
States Constitution, Article II, Section I.Obama is well aware he is in fact a citizen of
Indonesia.
115. Obama and his campaign have abused their position and the law for intimidation
purposes to stop people from free speech when the speech includes criticism or
questioning of Obama in violation of Plaintiff’s and other American’s civil Rights.
116. The DNC, FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration have failed Plaintiff as they have not performed their duties so
delegated to them pursuant to the Laws of our Country and their promises.
Defendants have allowed an ineligible candidate to be nominated as President of the
United States without performing due diligence in verifying Obama’s eligibility
and/or investigating the fraudulent acts of Obama, for which Plaintiff has been
damaged. Defendants have further allowed the illegal and fraudulent campaigning
efforts of Obama to continue in an attempt to allow an ineligible candidate to serve as
President of the United States in violation of our United States Constitution.
117. The PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation has the
responsibility of placing eligible candidates on the official ballot for the
Commonwealth of Pennsylvania. The PA Department of State, Bureau of
Z:\Forms\Obama, First Amended Complaint 100608
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Commissions, Elections and Legislation has failed to verify Obama’s citizenship
status prior to placing his name on the ballot in Pennsylvania.
118. The DNC, FEC, Feinstein, U.S. Senate, Commission on Rules and Administration,
the PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation have
allowed Obama’s illegal and fraudulent campaign, which Obama has received in
excess of $450 Million in donations, to continue knowing Obama is
not a “naturalborn” citizen and knowing Obama is not eligible to take and/or serve the position of
President of the United States, for which he was receiving donations.
119. As a result, Plaintiff has been deprived of money and billable hours by fraudulent
means as a result of donating money and billable hours to secure, as promised, an
eligible Democratic candidate for Office of the Presidency, in which to cast his vote.
The DNC named Obama as the Democratic Nominee, who is ineligible to serve as
the President of the United States as he is not a “natural born” citizen, a qualification
and eligibility requirement pursuant to Article II, Section I of the United States
Constitution. Moreover, Plaintiff has been deprived of his right to vote for an eligible
Democratic Nominee for the U.S. Office of the Presidency.
120. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived liberty, property, due process of law and equal protections of the laws
all guaranteed under the United States Constitution.
121. As a result of Obama’s message to the People of America, Plaintiff has suffered
damage to his reputation and discrimination and fears for his safety as a result of
attempting to protect his rights and verify the eligibility of Obama to serve as
Z:\Forms\Obama, First Amended Complaint 100608
40
President of the United States. Plaintiff has been repeatedly called a racist and
verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a
racist and is a paid Life Member of the NAACP. Plaintiff has received numerous
nasty emails accusing him of being a racist as a result of filing this action against
Obama. Moreover, Plaintiff was verbally assaulted by a black female in public for
bringing suit against Obama questioning his citizenship status. All of which is in
violation of Plaintiff’s right’s to due process of the law, equal protection of the laws
and the Liberty Clause secured by the Fourteenth Amendment of the U.S.
Constitution
122. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
immediately step down and withdraw his candidacy for President of the United
States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
Z:\Forms\Obama, First Amended Complaint 100608
41
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, Secretary
of the Commonwealth, PA Department of State, Bureau of Commissions,
Elections and Legislation from placing Defendant Barack Hussein Obama, a/k/a
Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham,
Z:\Forms\Obama, First Amended Complaint 100608
42
a/k/a Barack Dunham’s name on the ballot for election of P r e s i d e n t o f t h e
United States;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT FOUR
(Against All Defendants)
Civil Rights, Action for Neglect to Prevent
In violation of 42 U.S.C. § 1986
123. Plaintiff hereby incorporates Paragraphs 1 through 122 as if fully set forth herein.
124. Defendants, acting under the color of law and in concert with one another, engaged in
intentional due process and equal protection of the law violations. In so doing,
Defendants have caused the Plaintiff to suffer deprivation of his fundamental rights to
due process and equal protection of the laws secured by the United States
Constitution under the Fourteenth Amendment and the Laws of the United States.
125. The DNC, FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration were and are well aware of Obama’s illegal activities, encouraging
Z:\Forms\Obama, First Amended Complaint 100608
43
racial tension, encouraging violence, his fraudulent campaigning, fraudulently
attempting to secure the position of President of the United States. Defendants have
failed Plaintiff as they have not performed their duties so delegated to them pursuant
to the Laws of our Country and their promises. Defendants have allowed an
ineligible candidate to be nominated as President of the United States without
performing due diligence in verifying Obama’s eligibility and/or investigating the
fraudulent acts of Obama, for which Plaintiff has been damaged. Defendants have
further allowed the illegal and fraudulent campaigning efforts of Obama to continue
in an attempt to allow an ineligible candidate to serve as President of the United
States in violation of our United States Constitution.
126. The PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation has the
responsibility of placing eligible candidates on the official ballot for the
Commonwealth of Pennsylvania. The PA Department of State, Bureau of
Commissions, Elections and Legislation has failed to verify Obama’s citizenship
status prior to placing his name on the ballot in Pennsylvania.
127. The DNC, FEC, Feinstein, U.S. Senate, Commission on Rules and Administration,
the PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation have
allowed Obama’s illegal and fraudulent campaign, which Obama has received in
excess of $450 Million in donations, to continue knowing Obama is
not a “naturalborn” citizen and knowing Obama is not eligible to take and/or serve the position of
President of the United States, for which he was receiving donations.
Z:\Forms\Obama, First Amended Complaint 100608
44
128. As a result, Plaintiff has been deprived of money and billable hours by fraudulent
means as a result of donating money and billable hours to secure, as promised, an
eligible Democratic candidate for Office of the Presidency, in which to cast his vote.
The DNC named Obama as the Democratic Nominee, who is ineligible to serve as
the President of the United States as he is not a “natural born” citizen, a qualification
and eligibility requirement pursuant to Article II, Section I of the United States
Constitution. Moreover, Plaintiff has been deprived of his right to vote for an eligible
Democratic Nominee for the U.S. Office of the Presidency.
129. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived of liberty, property, due process of law and equal protections of the
laws all guaranteed under the United States Constitution.
130. As a result of Obama’s message to the People of America, Plaintiff has suffered
damage to his reputation and discrimination and fears for his safety as a result of
attempting to protect his rights and verify the eligibility of Obama to serve as
President of the United States. Plaintiff has been repeatedly called a racist and
verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a
racist and is a paid Life Member of the NAACP. Plaintiff has received numerous
nasty emails accusing him of being a racist as a result of filing this action against
Obama. Moreover, Plaintiff was verbally assaulted by a black female in public for
bringing suit against Obama questioning his citizenship status. All of which is in
violation of Plaintiff’s right’s to due process of the law, equal protection of the laws
and the Liberty Clause secured by the Fourteenth Amendment of the U.S.
Constitution.
Z:\Forms\Obama, First Amended Complaint 100608
45
131. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
immediately step down and withdraw his candidacy for President of the United
States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
Z:\Forms\Obama, First Amended Complaint 100608
46
C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, Secretary of
the Commonwealth, PA Department of State, Bureau of Commissions, Elections
and Legislation from placing Defendant Barack Hussein Obama, a/k/a Barry
Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a
Barack Dunham’s name on the ballot for election of President of the United
States;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
Z:\Forms\Obama, First Amended Complaint 100608
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I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT FIVE
(Against all Defendants)
Campaign Fraud,
In violation of the Federal Election Campaign Act
2 U.S.C. § 437, et seq. and 26 U.S.C. § 9002, et seq.
132. Plaintiff hereby incorporates Paragraphs 1 through 131 as if fully set forth herein.
133. Obama committed Fraud upon Plaintiff and the American Citizens by running for
President claiming to be eligible, knowing he was not eligible, knowing he was born
in Mombasa, Kenya and his mother not being old enough to pass U.S. “natural born”
citizenship status to him. Obama is well aware his citizenship status changed from a
U.S. Naturalized citizen, if he ever held such, to a “natural” citizen of Indonesia when
his step father, Lolo Soetoro, an Indonesian citizen, legally acknowledged Obama as
his son and/or adopted Obama.
134. Obama further committed Fraud upon Plaintiff and the American people by falsifying
information on his Illinois State Bar Registration and Public Disciplinary Record.
Obama stated on his Application to the State Bar of Illinois, as proven by the Illinois
State Bar Registration and Disciplinary Record, stating he never used any other
names. Obama signed his application/registration for the Illinois State Bar under the
penalty of perjury knowing the information to be false. The fact of the matter is
Obama used the name Barry Soetoro in Indonesia and was registered as a citizen of
Indonesia on his school records. Obama further used the name Barry Obama and it is
further believed Obama used the name Barack and/or Barry Dunham.
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135. Obama attempted to defraud Plaintiff and the American people by allowing an altered
and forged Hawaii Certification of Live Birth (COLB) to be placed on his campaign
website. Obama was well aware the Government issued COLB was altered and
forged as the original document was in the name of
Maya Kasandra Soetoro born in1970. Maya Kassandra Soetoro’s Obama’s half sister who was born in Indonesia and
her birth was later registered in Hawaii. The altered and forged COLB is still on
O b a m a ’ s c a m p a i g n w e b s i t e l o c a t e d a t
http://my.barackobama.com/page/invite/birthcert
136. Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The
relations between Pakistan and India were extremely tense and Pakistan was in
turmoil and under martial law. The country was filled with Afghan refugees; and
Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to
provide arms to the Afghan mujahideen and to assist the process of recruiting
radicalized Muslim men–jihadists–from around the world to fight against the Soviet
Union. Pakistan was so dangerous that it was on the State Department’s travel ban
list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by
their embassy for official business. A Muslim citizen of Indonesia traveling on an
Indonesian passport would have success entering Indonesia, Pakistan and India.
Therefore, it is believed Obama traveled on his Indonesian passport entering the
Countries. Indonesian passports require renewal every five (5) years. At the time of
Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old.
If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2)
provides loss of nationality by native born citizens upon “taking an oath or making an
Z:\Forms\Obama, First Amended Complaint 100608
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affirmation or other formal declaration of allegiance to a foreign state…after having
attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1). More
importantly, in order to obtain an Indonesian Passport, you had to be an Indonesian
citizen. Since Lolo Soetoro legally acknowledged Obama as his son and/or adopted
Obama, Obama was a “natural” citizen of Indonesia, as proven by Obama’s school
record.
137. Moreover, as stated above, Obama was registered in School in Jakarta, Indonesia as
Barry Soetoro, a citizen of Indonesia, born in 1961 in Hawaii and his religion was
registered as Islam.
138. Obama fraudulently began campaigning to secure the United States Office of the
Presidency and fraudulently accepted in excess of $450 Million dollars knowing he
could never serve as President of the United States.
139. The DNC, FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration were and are well aware of Obama’s illegal activities, encouraging
racial tension, encouraging violence, his fraudulent campaigning, fraudulently
attempting to secure the position of President of the United States. Defendants have
failed Plaintiff as they have not performed their duties so delegated to them pursuant
to the Laws of our Country and their promises. Defendants have allowed an
ineligible candidate to be nominated as President of the United States without
performing due diligence in verifying Obama’s eligibility and/or investigating the
fraudulent acts of Obama, for which Plaintiff has been damaged. Defendants have
further allowed the illegal and fraudulent campaigning efforts of Obama to continue
Z:\Forms\Obama, First Amended Complaint 100608
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in an attempt to allow an ineligible candidate to serve as President of the United
States in violation of our United States Constitution.
140. The PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation has the
responsibility of placing eligible candidates on the official ballot for the
Commonwealth of Pennsylvania. The PA Department of State, Bureau of
Commissions, Elections and Legislation has failed to verify Obama’s citizenship
status prior to placing his name on the ballot in Pennsylvania.
141. The DNC, FEC, Feinstein, U.S. Senate, Commission on Rules and Administration,
the PA Department of State and Pedro A. Cortés, Secretary of the Commonwealth,
PA Department of State, Bureau of Commissions, Elections and Legislation have
allowed Obama’s illegal and fraudulent campaign, which Obama has received in
excess of $450 Million in donations, to continue knowing Obama is
not a “naturalborn” citizen and knowing Obama is not eligible to take and/or serve the position of
President of the United States, for which he was receiving donations.
142. As a result, Plaintiff has been deprived of money and billable hours by fraudulent
means as a result of donating money and billable hours to secure, as promised, an
eligible Democratic candidate for Office of the Presidency, in which to cast his vote.
The DNC named Obama as the Democratic Nominee, who is ineligible to serve as
President of the United States as he is not a “natural born” citizen, a qualification and
eligibility requirement pursuant to Article II, Section I of the United States
Constitution. Moreover, Plaintiff has been deprived of his right to vote for an eligible
Democratic Nominee for the U.S. Office of the Presidency.
Z:\Forms\Obama, First Amended Complaint 100608
51
143. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived of liberty, property, due process of law and equal protections of the
laws all guaranteed under the United States Constitution.
144. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
immediately step down and withdraw his candidacy for President of the United
States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
Z:\Forms\Obama, First Amended Complaint 100608
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B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
]Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, Secretary
of the Commonwealth, PA Department of State, Bureau of Commissions,
Elections and Legislation from placing Defendant Barack Hussein Obama, a/k/a
Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham,
a/k/a Barack Dunham’s name on the ballot for election of P r e s i d e n t o f t h e
United States;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
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G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT SIX
(Against all Defendants)
Violation of the Freedom of Information Act (FOIA)
5 U.S.C. § 552, et seq.
145. Plaintiff hereby incorporates Paragraphs 1 through 144 as if fully set forth herein.
146. Plaintiff attempted to secure documents proving the citizenship status of Obama from
Obama the FEC, DNC, Feinstein, U.S. Senate, Commission on Rules and
Administration, however has been refused.
147. In attempt to resolve the issues regarding Obama’s citizenship status, Plaintiff served
subpoenas on the U.S. Embassy, Jakarta Indonesia, U.S. Embassy, Nairobi, Kenya,
the U.S. State Department, the Federal Bureau of Information (FBI), the Central
Intelligence Agency (CIA), The Hawaii Department of Health, Kapi’olani Medical
Center for Women and Children, Queens Medical Center, and the U.S. Senate,
Commission on Rules and Administration. Unfortunately, to date, Plaintiff has been
refused all documents.
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148. Plaintiff has attempted to obtain the appropriate documents to prove Obama’s
citizenship status, or lack there of and has requested investigation into the eligibility
status of Obama. Defendants have completely ignored the complaints and requests.
149. Plaintiff has a right, which is secured to him by our laws and the United States
Constitution, for verification of our Presidential Nominee’s eligibility to serve as
President of the United States prior to the elections.
150. Plaintiff has suffered an informational injury as a voter and member of the public; the
lack of information on Mr. Obama’s citizenship, caused by the FEC, Feinstein, the
U.S. Senate, Commission on Rules and Administration’s actions, Obama, Cortés, PA
Secretary of the Commonwealth, PA Department of State, Bureau of Commissions,
Elections and Legislation limited the information available to Plaintiff as a voter and
impaired his ability to make proper decisions and ensure he is voting for a legally
eligible Presidential candidate.
151. If a party is denied information that will help it in making a voting decision that party
is obviously injured in fact.
FEC v. Akins, 524 U.S. 11 (1998).152. For the above aforementioned reasons, Defendants need to immediately supply a
certified copy of Obama’s “vault” (original long version) birth certificate; certified
copies of all reissued and sealed birth certificates for Obama; a certified copy of
Obama’s Certification of Citizenship; a Certified copy of Obama’s Oath of
Allegiance taken upon the age of Majority; and certified copies of Obama’s
Admission forms for Occidental College, Columbia University and Harvard law
School. If Defendants are unable to supply said documents, Obama needs to
Z:\Forms\Obama, First Amended Complaint 100608
55
immediately step down and withdraw his candidacy for President of the United
States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
is not a “natural born” or “naturalized” citizen of the United States;
C. Declare that Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a
Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
ineligible to run for United States Office of the President under the United States
Constitution, Article II, Section I;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Z:\Forms\Obama, First Amended Complaint 100608
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Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President;
E. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), the PA Department of State and Pedro A. Cortés, Secretary of
the Commonwealth, PA Department of State, Bureau of Commissions, Elections
and Legislation from placing Defendant Barack Hussein Obama, a/k/a Barry
Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a
Barack Dunham’s name on the ballot for election of President of the United
States;
F. Order the FEC, Feinstein and the U.S. Senate Commission on Rules and
Administration to immediately open and conduct an investigation into the
fraudulent tactics of Obama and immediately open and conduct an investigation
into the citizenship status of Obama;
G. Waive the Governmental Claim requirement due to the urgency of this
matter;
H. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
I. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT SEVEN
(Against Defendants Obama and the DNC)
Promissory Estoppel
153. Plaintiff hereby incorporates Paragraphs 1 through 152 as if fully set forth herein.
Z:\Forms\Obama, First Amended Complaint 100608
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154. Plaintiff is a life long Democrat who had always been proud of his Party. Plaintiff is
a licensed attorney in good standing and has taken an oath to uphold the United States
Constitution. Plaintiff has donated money and billable hours to Democratic
Presidential candidates as well as to the Democratic National Committee. Plaintiff
has relied on the DNC’s promises to uphold our Constitution, which includes
properly vetting our Presidential Nominee and ensuring our Party’s Nominee is
eligible to serve as President of the United States pursuant to Article II, Section 1 of
our United States Constitution.
155. In addition, Plaintiff has trusted the Federal Election Committee (“FEC”) that they
would ensure our Presidential and Congress candidates were eligible for the positions
which they were seeking and running a fair and legitimate campaign process.
Plaintiff has relied on the FEC, DNC and all our Elected Office Holders to uphold our
Constitution and to ensure an illegal alien and/or a naturalized citizen would not be
able to secure the position of President of the United States.
156. In order to be eligible and qualified to run for the Office of the President of the
United States you must be a “natural born” citizen. United States Constitution,
Article II, Section I.
157. The DNC published on their website at
http://www.democrats.org their 2008Democratic National Platform ”
Renewing America’s Promise“. The DNC’s platformof promise contain many promises to the American people.
158. The DNC promises on page iii Section IV, Renewing American Democracy further
promising
“Open, Accountable and Ethical government; Reclaiming ourZ:\Forms\Obama, First Amended Complaint 100608
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Constitution and our Liberties; and Voting Rights
.”
The DNC has failed to upholdand follow through with their promises.
159. The DNC promises in their promotion of Obama, Page 53,
“In Barack Obama’sAdministration, we will open up the doors of democracy.
We will use technology tomake government more transparent, accountable, and inclusive.
Rather than obstructpeople’s use of the Freedom of Information Act, we will require that agencies
conduct significant business in public and release all relevant information unless an
agency reasonably foresees harm to a protected interest.”
160. The DNC has pledged and promised Plaintiff and all Democratic individuals they
believe that our Constitution, our courts, our institutions and our traditions are proper
and work.
161. The DNC pledged and promised Plaintiff and all Democratic individuals they will
ensure our Constitution is not a nuisance and have assured Plaintiff and democratic
individuals the United States Constitution is the foundation of our democracy. It
makes freedom and self-governance possible, and helps to protect our security. The
Democratic Party has pledged and promised Plaintiff and other Democratic
individuals they will maintain and restore our Constitution to its proper place in our
government and return our Nation to the best traditions, including their commitment
to government by law.
162. Unfortunately, the DNC has not upheld our Constitution and/or our Laws. The DNC
is promoting an illegal candidate who is ineligible to serve as the President of the
United States. The DNC has failed to investigate into Obama’s citizenship. Obama
is not a “natural born” U.S. citizen, he is still an Indonesian citizen and ineligible to
Z:\Forms\Obama, First Amended Complaint 100608
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serve as President of the United States, United States Constitution, Article II, Section
I.
163. The DNC has promised on page 56 ”
Voting rights are fundamental rights becausethey are protective of all other rights. We will work to fully protect and enforce the
fundamental Constitutional right of every American vote—to ensure that the
Constitution’s promise is fully realized
.” “Finally, we will enact legislation thatestablishes harsh penalties for those who engage in voter intimidation and creates a
process for providing accurate information to misinformed voters so they can cast
their votes in time.”
164. The DNC has promised on page 56 ”
Voting rights are fundamental rights becausethey are protective of all other rights. We will work to fully protect and enforce the
fundamental Constitutional right of every American vote—to ensure that the
Constitution’s promise is fully realized
.” “Finally, we will enact legislation thatestablishes harsh penalties for those who engage in voter intimidation and creates a
process for providing accurate information to misinformed voters so they can cast
their votes in time.”
165. The DNC has not protected Plaintiff or other Democratic voter’s rights, they have
failed to provide accurate information, they have not investigated Obama’s eligibility
and/or citizenship status and they have allowed Obama’s tactics in promoting racial
tension and threatening to have people arrested and prosecuted if they talk negatively
or debate against Obama.
166. Based on the DNC’s promises and assurances, Plaintiff and other democratic
individuals have donated money in good faith to the DNC and other Democratic
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Presidential Nominees. Money donated to the DNC is used to
plan the Party’squadrennial presidential nominating convention; promote the election of eligible
Party candidates, pursuant to the United States Constitution, Article II, Section I, with
both technical and financial support; and works with national, state and local party
organizations, elected officials, candidates and constituencies to respond to the needs
and views of the Democratic electorate and the nation.
167. Obama has promised to uphold the United States Constitution and to be open and
honest with all questions presented. However, Obama has not been open and honest;
he has refused to provide proof of his citizenship status and has refused to answer
questions pertaining to his citizenship status. Furthermore, Obama is not upholding
the Constitution as he is aware he is ineligible to serve as the Pressident of the United
States. Obama has further violated the U.S. Constitution by fraudulently collecting in
excess of $450 Million dollars.
168. Obama promises on his website to
End Deceptive Voting Practices. “Obama stateshe will sign into law his legislation that establishes harsh penalties for those who
have engaged in voter fraud and provide voters who have been misinformed with
accurate and full information so they can vote.”
Obama has made the promiseshowever, has been dishonest regarding his citizenship status
and has refused to provehis citizenship status so Plaintiff and other voter’s can be well educated into our
Presidential candidate.
169. Obama states on his webpage at
http://factcheck.barackobama.com “I want tocampaign the same way I govern, which is to respond directly and forcefully w i t h
the truth
” ~ Barack Obama, 11/08/07. Unfortunately, this is not true, Obama has not
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been honest about his citizenship and he has refused to provide proof of his
citizenship status. Instead, Obama and his campaign placed an image on Obama’s
website purporting to be an original Certification of Live Birth (COLB) of Obama’s
from Hawaii. It was later determined the COLB on http://www.fightthesmears.com turned
out to be an altered and forged COLB.
170. The DNC and FEC bear the responsibility of vetting the Democratic Presidential
candidate, among other things, to ensure the eligibility requirements pursuant to our
Constitution are met and the Presidential nominee, if elected, is qualified and eligible
to serve pursuant to our United States Constitution. The DNC has promised the
people to uphold this obligation which is part of upholding the United States
Constitution.
171. To date, the DNC has never verified the eligibility of Obama, despite knowing
Obama was not an eligible candidate, as promised, and instead nominated Obama as
the Democratic Presidential Nominee. The DNC is well aware Obama cannot hold
the United States Office of the Presidency and therefore failed to follow through on
their promises.
172. Additionally, the DNC has not upheld the U.S. Constitution, their protections of
Plaintiff and/or the Democratic citizens of the United States, nor have they done the
job they have promised Plaintiff and other Democratic citizens.
173. As a result, there is significant disenfranchisement of the Democratic Party, which
has harmed Plaintiff. The disenfranchisement is a result of the DNC allowing a noncitizen;
in fact a citizen of Indonesia, to be the Democratic Nominee, knowing
Obama cannot serve as the President of the United States, if elected. The DNC has
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allowed Obama’s fraudulent campaigning to continue and Plaintiff has been
deprived money which he donated to support an eligible Democratic Nominee to run,
and if elected, to serve as the President of the United States.
174. Plaintiff has been deprived of money and billable hours by fraudulent means as a
result of donating money and billable hours to secure, as promised, an eligible
Democratic candidate for Office of the Presidency, in which to cast his vote. The
DNC named Obama as the Democratic Nominee, who is ineligible to serve as the
President of the United States as he is not a “natural born” citizen, a qualification and
eligibility requirement pursuant to Article II, Section I of the United States
Constitution. Moreover, Plaintiff has been deprived of his right to vote for an eligible
Democratic Nominee for the U.S. Office of the Presidency.
175. Plaintiff has been severely damaged as a result of Defendants actions. Plaintiff has
been deprived of liberty, property, due process of law and equal protections of the
laws all guaranteed under the United States Constitution.
176. As a result of Obama’s message to the People of America, Plaintiff has suffered
damage to his reputation and discrimination and fears for his safety as a result of
attempting to protect his rights and verify the eligibility of Obama to serve as
President of the United States. Plaintiff has been repeatedly called a racist and
verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a
racist and is a paid Life Member of the NAACP. Plaintiff has received numerous
nasty emails accusing him of being a racist as a result of filing this action against
Obama. Moreover, Plaintiff was verbally assaulted by a black female in public for
bringing suit against Obama questioning his citizenship status. All of which is in
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violation of Plaintiff’s right’s to due process of the law, equal protection of the laws
and the Liberty Clause secured by the Fourteenth Amendment of the U.S.
Constitution.
177. All elements required to invoke Promissory Estoppel have been met by Plaintiff. The
DNC and Obama made a promise to Plaintiff, which Plaintiff relied upon and
expected. Not only has Plaintiff suffered economic losses; he has lost his
constitutional right to vote for an eligible Democratic candidate who can serve as the
President of the United States, if elected.
178. The only way justice can be served is by the Court enforcing the promise of the DNC
and Obama.
179. For the above aforementioned reasons, Defendants need to immediately uphold their
promises, uphold the United States Constitution and immediately supply a certified
copy of Obama’s “vault” (original long version) birth certificate; certified copies of
all reissued and sealed birth certificates for Obama; a certified copy of Obama’s
Certification of Citizenship; a Certified copy of Obama’s Oath of Allegiance taken
upon the age of Majority; and certified copies of Obama’s Admission forms for
Occidental College, Columbia University and Harvard law School. If Defendants are
unable to supply said documents, Obama needs to immediately step down and
withdraw his candidacy for President of the United States.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendants to immediately turn over the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
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2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Order Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a Barry
Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
removed from the Presidential Ballot until his citizenship status can in fact be
verified ensuring he is eligible to serve as the President of the United States;
C. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for United States Office of the President until he is able to prove his citizenship
status and eligibility to hold the United States Office of the Presidency;
D. Preliminary and permanently enjoin Defendants, The Democratic National
Committee (DNC), from placing Defendant Barack Hussein Obama, a/k/a Barry
`Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a
Barack Dunham’s name on the ballot for election of the President of the United
States until Obama’s citizenship status and eligibility to serve as the United States
Presidency have been verified;
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E. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
F. Grant Plaintiff such other and further relief as the Court deems just and
proper.
COUNT EIGHT
(Against Defendant Obama)
Loss of nationality by native-born or naturalized citizen
8 U.S.C. § 1481(b)
180. Plaintiff hereby incorporates Paragraphs 1 through 179 as if fully set forth herein.
181. Obama was born in Mombosa, Kenya in or about August 4, 1961. At the time of his
birth, Obama’s father was a citizen of Kenya and his mother was a U.S. citizen,
eighteen (18) years of age. The Nationality Act of 1940, revised June 1952 required
the citizen parent of a child born abroad must reside in the United States for ten (10)
years, five (5) of which were after the age of fourteen (14) in order to register the
child born abroad as a United States “natural born” citizen. Obama’s mother was not
old enough to pass on U.S. “natural born” citizenship to Obama and therefore could
only register his birth as “naturalized”.
182. Even if Obama would have been able to be registered as a U.S. “natural born” citizen
in Hawaii, which was not available, he lost his citizenship in the United States when
his mother married Lolo Soetoro, a citizen of Indonesia, and became a naturalized
citizen in Indonesia and set up residency in Indonesia with her new husband.
Minor’s follow their custodial parent’s citizenship status.
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183. Moreover, Obama’s Indonesian step father, Lolo Soetoro, signed a Government
acknowledgement form acknowledging Obama as his son and/or legally adopted
Obama, either of which changed Obama’s citizenship status to a “natural” citizen of
Indonesia. Thus, Obama could have only obtained Naturalized citizenship status in
the United States, if in fact he and/or his family filed the proper immigration
paperwork.
184. Under Indonesian law, when a male acknowledges a child as his son, it deems the
son, in this case Obama, as an Indonesian State citizen. Constitution of Republic of
Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning
Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992
concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang
Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie) states in pertinent
part,
State citizens of Indonesia include: (viii) children who are born outside of legalmarriage from foreign State citizen mother who are acknowledged by father who is
Indonesian State citizen as his children and that acknowledgment is made prior to
children reaching 18 years of age or prior to marriage;
Republic of IndonesiaConstitution 1945,
As amended by the First Amendment of 1999, the SecondAmendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of
2002,
Chapter X, Citizens and Residents, Article 26 states, “(1) Citizens shall consistof indigenous Indonesian peoples and persons of foreign origin who have been
legalized [sic] as citizens in accordance with law. (2) Residents shall consist of
Indonesian citizens and foreign nationals living in Indonesia
.”
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185. Furthermore, under the Indonesian adoption law, once adopted by an Indonesian
citizen, the adoption severs the child’s relationship to the birth parents,
and theadopted child is given the same status as a natural child, Indonesian Constitution,
Article 2.
186. The Indonesian citizenship law was designed to prevent apatride (stateless) or
bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor
bipatride citizenship. Obama’s mother was required to renounce her U.S. citizenship
and was sponsored by her Indonesian spouse. Minor children followed their
custodial parent’s citizenship status.
187. Obama was enrolled by his parents in a public school, Fransiskus Assisi School, a
public school, in Jakarta, Indonesia. Plaintiff has received copies of the school
registration in which it clearly states Obama’s name as “Barry Soetoro,” and lists his
citizenship as Indonesian, his citizenship number as 203. Obama’s father is listed as
Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in
Hawaii, and Obama’s Religion is listed as Islam. This document was verified by
television show
Inside Edition, whose reporter, Matt Meagher, took the actual footageof the school record. At the time Obama was registered, the public schools obtained
and verified the citizenship status and name of the student through the Indonesian
Government. All Indonesian students were required to carry government identity
cards, or
Karty Tanda Pendudaks, as well as family card identification called a KartuKeluarga
. The Kartu Keluarga is a family card which bears the legal names of allfamily members.
Indonesia did not allow foreign students to attend their schools andIndonesia Immigration Officials and the Police frequently visited the schools to
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ensure the students attending were all Indonesian citizens pursuant to the laws. At
the time Obama attended school in Jakarta Indonesia, Indonesia did not allow foreign
students to attend their public schools.
188. Plaintiff is informed, believes and thereon alleges Obama stated his citizenship as
Kenyan on his College Admission forms to Occidental College, Columbia University
and Harvard Law School.
189. Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The
relations between Pakistan and India were extremely tense and Pakistan was in
turmoil and under martial law. The country was filled with Afghan refugees; and
Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to
provide arms to the Afghan mujahideen and to assist the process of recruiting
radicalized Muslim men–jihadists–from around the world to fight against the Soviet
Union. Pakistan was so dangerous that it was on the State Department’s travel ban
list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by
their embassy for official business. A Muslim citizen of Indonesia traveling on an
Indonesian passport would have success entering Indonesia, Pakistan and India.
Therefore, it is believed Obama traveled on his Indonesian passport entering the
Countries. Indonesian passports require renewal every five (5) years. At the time of
Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old.
If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2)
provides loss of nationality by native born citizens upon “taking an oath or making an
affirmation or other formal declaration of allegiance to a foreign state…after having
attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1).
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190. If in fact Obama ever had citizenship, he lost his citizenship by becoming a “natural”
citizen of Indonesia. Obama could have gained United States “naturalized”
citizenship status, however, he and/or his family would have been required to file the
appropriate Immigration paperwork and obtain a Certification of Citizenship, which
Obama and his family failed to do.
191. For the reason’s stated herein Obama is still a citizen of Indonesia and is not a
United States “natural born” citizen, he is not a “naturalized” citizen of the United
States and is here in the United States as an “illegal alien”.
WHEREFORE
,
Plaintiff, Philip J. Berg, Esquire, respectfully prays thatthis Court:
A. Order Defendant to prove his citizenship status and immediately turn over
the following documents:
1. A certified copy of Obama’s “vault” (original long version) birth
certificate;
2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;
3. A certified copy of Obama’s Certification of Citizenship;
4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;
5. Certified copies of Obama’s Admission forms for Occidental
College, Columbia University and Harvard Law School; and
6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.
B. Issue a Declaratory Judgment against Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
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Dunham, a/k/a Barack Dunham declaring he is not a U.S. “natural born” citizen,
he is not a “naturalized” citizen and he is still an Indonesian citizen.
C. Order Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a Barry
Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham
removed from the Presidential Ballot until his citizenship status can in fact be
verified ensuring he is eligible to serve as the President of the United States;
D. Preliminary and permanently enjoin Defendant Barack Hussein Obama,
a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry
Dunham, a/k/a Barack Dunham from any further campaigning and from running
for the United States Office of the President until he is able to prove his
citizenship status and eligibility to hold the United States Office of the
Presidency;
E. Award Plaintiff such costs and fees pursuant to 42 U.S.C. § 1988 and
other applicable law; and
F. Grant Plaintiff such other and further relief as the Court deems just and
proper.
Respectfully submitted,
s/ Philip J. Berg
Dated: October 6, 2008 _______________________
Philip J. Berg, Esquire
Attorney in
Pro Se555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Identification No. 09867
(610) 825-3134
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Citizen WElls 