Category Archives: Obama 2006 Kenya

Philip J Berg files opposition and brief, Obama motion to dismiss, September 29, 2008, Berg response, Affects Hillary voters, FEC allowed campaign contributions, Obama not US citizen

Posted on September 29, 2008 | 27 comments

Philip J Berg has filed a opposition and brief to the Obama motion to
dismiss his lawsuit. Mr. Berg made the filing today, Monday, September 29,
2008. Obama filed the motion to dismiss instead of producing a vault
COLB or pledge of allegiance to the US.  Here is the first part of Mr. Berg’s response:

 

 

                 

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

Plaintiff

 

 

:

vs.

 

 

:CIVIL ACTION NO: 08-cv- 04083

:

BARACK HUSSEIN OBAMA, ET AL, :

 

Defendants

 

 

:

ORDER

ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC

NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S

COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)

THIS CAUSE

 

 

came before the United States District Court Judge, Honorable R.

Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National

Committee’s Motion to Dismiss. Having reviewed the Motion and Plaintiff’s Opposition

to said Motion and for good cause shown, it is hereby

 

ORDERED

 

 

that the Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and

12(b)(6) is

 

 

DENIED. It is further ORDER

of this Court that the following discovery is

to be turned over to Plaintiff within three (3) days:

1. Obama’s “vault” version (certified copy of his “original” long version)

Birth Certificate; and

2. A certified copy of Obama’s Certification of Citizenship;

3. A Certified copy of Obama’s Oath of Allegiance.

 

IT IS SO ORDERED

Dated: September ______, 2008

______________________________

Hon. R. Barclay Surrick

United States District Court Judge

For the Eastern District of PA

Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 1 of 35

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

Plaintiff

 

 

:

vs.

 

 

:CIVIL ACTION NO: 08-cv- 04083

:

BARACK HUSSEIN OBAMA, ET AL, :

 

Defendants

 

 

:

PLAINTIFF’S OPPOSITION AND BRIEF IN SUPPORT THEREOF TO

DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC

NATIONAL COMMITTEE’S, MOTION TO DISMISS PLAINTIFF’S

COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)

Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within

Opposition and Brief in support thereof to Defendant’s, Barack Hussein Obama

[hereinafter “Obama”] and the Democratic National Committee’s [hereinafter “DNC”]

Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on the following

grounds:

• Plaintiff has standing to bring suit against Obama and the DNC 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(B);

(5) Plaintiff has Standing pursuant to 28 U.S.C. §1343, Civil Rights

and Elective Franchise; and

(6) Plaintiff has Standing pursuant to Federal Question Jurisdiction.

• Claims are stated in which relief can be granted. Pleadings in a Complaint

are that of Notice Pleading and not Fact Pleading;

Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 2 of 35

• Plaintiff has suffered

 

 

and imminently will suffer injury – an invasion of a

legally protected interest which is concrete and particularized; and

•

 

 

The injury suffered by Plaintiff is the kind of injury that Congress

expected might be addressed under the statute. Plaintiff is within the zone of interest

protected by the statute or constitutional provision.

• It is imperative Obama be Court Ordered to turn over the following items

in order resolve the issues presented prior to the Presidential Election:

(a) A certified copy of Obama’s “vault” version ( “original” long

version) Birth Certificate; and

(b). A certified copy of Obama’s Certification of Citizenship; and

(c) A Certified copy of Obama’s Oath of Allegiance.

At the time Plaintiff’s Complaint was filed, Plaintiff was requesting protections

from the Court in order to stop Obama from being nominated by the DNC as the

Democratic Presidential Nominee as Obama is not eligible to serve as President of the

United States. However, Obama was nominated by the DNC as the Democratic

Presidential Nominee. For this reason, Plaintiff must amend his Complaint and will be

requesting this Court leave to file a First Amended Complaint.

 

 

 

27 Comments

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Philip J Berg files opposition and brief, Obama motion to dismiss, September 29, 2008, Berg response, Pre filing analysis, Jeff Schreiber

Posted on September 29, 2008 | 4 comments

Philip J Berg is filing a opposition and brief to the Obama motion to
dismiss his lawsuit. Mr. Berg makes the filing today, Monday, September 29,
2008. Obama filed the motion to dismiss instead of producing a vault
COLB or pledge of allegiance to the US.

Jeff Schreiber has reviewed a draft of the response. Here are exerpts from Mr. Schreiber:
“Among other authority cited by Obama and the DNC in support of the first defense was Hollander v. McCain, a recent case from New Hampshire in which the court held that Fred Hollander, asserting the claim that Arizona Sen. John McCain was ineligible for the presidency based upon his birth in the Panama Canal Zone, lacked standing to sue. In that case, the court cited several factors in its decision:
Regardless of McCain’s eligibility for the presidency, his candidacy did not constitute a “restriction on voters’ rights” as it did not preclude Hollander or anyone else from voting for another candidate in the New Hampshire primary.
The “generalized interest of of all citizens in constitutional governance” was not enough to claim harm.

Hollander failed to allege that any harm was indeed proximately “traceable” to McCain’s alleged unlawful conduct.
McCain was “unquestionably an American citizen.”
Berg is quick to distinguish Hollander. First, he says, Obama’s candidacy for the presidency in the general election prevents citizens from voting for Hillary Clinton despite her 18 million votes received in the primary election. Second, the harm Berg suffered is particular to him because he has been denied the constitutional right to cast his ballot for an eligible candidate. Third, his claims of injury can indeed be traced to Obama’s unlawful behavior, his “failure to disclose information to which American voters are entited.” And finally, the defendants have failed to show, as mentioned by the New Hampshire court in Hollander, that Sen. Obama is “unquestionably an American citizen.”

“If you take a closer look at the factors used by the court to decide Hollander v. McCain,” Berg said, “Those very same factors clearly come down in favor of me having standing in this case.””

“Interestingly enough, Berg also cites a case I had brought to his attention and asked him about, something we had read in school a while ago. Though Federal Election Commission v. Akins was a case which has nothing to do with citizenship–it questioned whether or not the American Israel Public Affair Commitee (AIPAC) could be considered a “political committee” under the Federal Election Campaign Act–the thing that struck me about it was the Court’s treatment of the plaintiffs. The Court, in that case, was concerned with “informational injury.” When the U.S. Court of Appeals for the District of Columbia Circuit reversed the trial court’s dismissal of the plaintiff’s action, the court stated the following:

A voter deprived of useful information at the time he or she votes suffers a particularized injury in some respects unique to him or herself just as a government contractor, allegedly wrongfully deprived of information to be made available at the time bids are due, would suffer a particularized injury even if all other bidders also suffered an injury.
Berg insists that he has similarly suffered an “informational injury” as a voter, and cites another part of the D.C. Circuit’s opinion which mentions that “anyone denied information under the Freedom of Information Act … has standing to sue regardless of his or her reasons.””

Read more analysis and facts from Jeff Schreiber:

 http://www.americasright.com/

4 Comments

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Obama motion to dismiss Philip J Berg lawsuit, Jeff Schreiber comments on Berg response, Sunday, September 28, 2008, Obama Indonesian citizenship

Posted on September 29, 2008 | 10 comments

Jeff Schreiber, law student, legal writer and blog owner, has been following the Philip J Berg lawsuit that states Obama is not qualified to be president. Mr. Schreiber provided some feedback from Mr. Berg. Here is an exerpt:

“I had a brief conversation a few minutes ago with Phil Berg regarding his Opposition and Brief to Obama’s Motion to Dismiss, which he intends to file late tonight at the earliest so, ideally, it would be on Judge R. Barclay Surrick’s desk first thing tomorrow morning.”

Read more from Jeff Schreiber here:

http://www.americasright.com/

To learn more about the Philip J Berg lawsuit, click on the link at the top of the Citizen Wells blog.

10 Comments

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

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Philip J Berg response, September 29, 2008, Obama motion to dismiss, Federal judge, Judge ruling, Constitution upheld?

Posted on September 29, 2008 | Leave a comment

Philip J Berg will respond to the federal judge today, Monday, September 29, 2008 regarding the Obama motion to dismiss the lawsuit. Instead of proving that he is a US citizen and qualified to be president, Obama filed a motion to dismiss the lawsuit from Mr. Berg that states Obama is not qualified to be president. John McCain presented a vault COLB to congress. Why doesn’t Obama present a vault COLB? Because he does not have one and was born in Kenya.

As soon as Mr. Berg’s response is filed, we will provide an update.

To view the timeline of the Philip J Berg lawsuit and learn more about it, click on the link at the top of the Citizen Wells blog.

Philip J Berg’s website:

http://obamacrimes.com

How you can help Philip J Berg with the lawsuit:

“In case you haven’t noticed, this lawsuit is being ignored by the political parties, the candidates, and the media.

We hope you agree with us that Berg v. Obama is an important lawsuit which must be resolved to ensure the integrity of our democracy, constitution, and elections.

As a result, we would like to request that you:

  • Phone in to radio and tv call-in shows. Mention the lawsuit and point out that it is important that the public be made aware of Berg v. Obama and the status of the lawsuit.
  • Contact the ombudsmen, tip-lines, and action reporters of your local newspapers and radio / tv stations. Ask them why they are not reporting on this lawsuit.
  • Post blog entries on popular blogs, especially the blogs of national radio and tv networks and major newspapers.
  • Encourage your freinds and associates to take the above actions. 
  • Write letters to the editors of your local newspapers.
  • Print the info sheet and distribute it.

The point of this is to make the public aware of the lawsuit, not to put pressure on the parties to the lawsuit or to affect the outcome.

Some of the talking points you might use are:

  • The constitutional eligibility of Barack Obama to be elected president is questionable.
  • We could have a major constitutional crisis if the lawsuit is not resolved quickly.
  • If the lawsuit goes against Senator Obama, it is important that the Democrats have the opportunity to nominate another candidate for president early enough that the new nominee will have a fair chance to compete in the election.
  • Our country will be thrown into turmoil if Senator Obama is elected and then determined to be ineligible to serve as president.
  • Review the info sheet for additional talking points 

Don’t forget that we can also use financial contributions to sustain this effort. Please click the “Donate” button at the upper left of this window.

Thank you for your time and effort in supporting the resolution of Berg v. Obama in a timely fashion.”

Here is another way you can help stop Obama:

http://obamaimpeachment.org

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Obama, Rezko, Obama indictment, Philip J Berg lawsuit, Obama Kenyan, Obama not qualified, Vault COLB, Blagojevich, Corruption, Petition to Impeach, expel Senator Obama, Bar Application, Constitutional crisis, Obama will be removed

Posted on September 28, 2008 | 16 comments

What will bring down Barack Obama and when will it happen?

Barack Obama, the candidate that was not vetted by the DNC, the
candidate that gained the nomination of the Democrat Party by
voter fraud, a free ride from the MSM, Obama thugs attacking those questioning him and by Nancy Pelosi ramroding him through the convention, will be taken down by his past. If Obama is not removed before or after the election, we will know that the powers controlling him have disabled the checks and balances that were designed to prevent this type of “manchurian candidate” from being elected.

I have never seen this level of corruption and unamerican activity
in a presidential election in my lifetime. In the past, this was read
about happening only in unstable countries outside the US.

How is it that a candidate that refuses to prove US citizenship, is
connected in so many long time ties to Tony Rezko and other Chicago and Illinois crime and corruption figures and even has a wife tied to Chicago corruption, is still running for president. How is it that a candidate tied to the middle east, Kenyan thugs and terrorists such as William Ayers, is still running for president. How is it that a candidate that lied on a Illinois Bar Application is still running for president. How is it that a candidate known to have used drugs and still using drugs is running for president.

We no longer have the press to protect us. Will Congress or the Judicial Branch do their job? Which of the following, documented, fact based issues will remove Barack Obama and when will it occur. Will we suffer a constitutional crisis as Philp J Berg has warned?

  • Philip J Berg filed a lawsuit in Federal Court on August 21, 2008
    stating that Obama is not qualified to be president. Berg states, and I agree, that Obama was born in Kenya. Obama filed a motion recently to dismiss the lawsuit. Why did Obama not produce a vault COLB? The answer is he was born in Kenya. John McCain presented a vault COLB to congress. Mr. Berg will respond on Monday, September 29, 2008 to the presiding judge.
  • The judge could rule that Obama has to produce a vault COLB and/or a pledge of allegiance to the US.
  • Mr. Berg is prepared to take the case to the US Supreme Court.
  • Tony Rezko, Stuart Levine and Dr. Robert Weinstein have all been indicted in the Rezko corruption “pay for play” scandal. Rezko has been convicted and is awaiting sentencing. Rezko has been talking and it is believed that Governor Blagojevich will be indicted soon. Obama endorsed Blagojevich when he ran for office. Obama is tied to Rezko, Levine, Weinstein and Blagojevich. Barack Obama may be indicted soon.
  • There is a Petition to Impeach, expel Senator Obama. The petition is gaining numbers as more and more people find out about the real Obama.
  • Remember Al capone? The feds tried for years to convict him on corruption and racketeering. They finally nailed him on tax evasion. Well, Mr. Obama may experience something similar. Obama lied on his Illinois Bar Application. Obama had 17 unpaid traffic violations and did not list any aliases.  Andy Martin filed a complaint on March 13, 2007 with the Illinois Board of Admissions to the Bar, but found out that Obama had relinquished his law license. According to Mr. Martin “They can’t punish someone who has resigned, which is why so many corrupt lawyers in Illinois resign before they are disbarred.” This would qualify for expulsion from the senate.
     
  • There is no proof that Obama complied with Selective Service Laws.

So, is the system going to work. We already know the MSM and the Democrat Party have failed us. Will our system of checks and balances work? If not, God help us.

The Citizen Wells blog has covered Obama from A to Z. You can read about Obama’s connections to Tony Rezko and other dubious connections. The timeline of the Philip J Berg lawsuit can be found at the top.

Here is a video that will shed more light on Barack and Michelle’s
ties to corruption:

Tony Rezko is talking. Here is an article that will bring you up to date
on what may happen next:

http://therealbarackobama.wordpress.com/2008/09/28/rezkotrialwatch-rezko-can-sing-2/#comment-3209

Here is the Petition to Impeach, expel Senator Obama:

http://obamaimpeachment.org

 

A PETITION
                                     for
The Impeachment of Senator Barack Obama
      TO THE CONGRESS OF THE UNITED STATES

Whereas: Senator Barack Obama is an admitted illegal drug user and
is believed to have used illegal drugs as recently as November 1999
or more recently. Mr. Obama has maintained contact with other
admitted illegal drug users.

Whereas: Senator Barack Obama has maintained regular contact
with known criminals such as Antoin (Tony) Rezko and other
criminal elements in Chicago and Illinois. Mr. Obama has
conducted business with these criminals and received campaign
donations from them. Mr. Obama was compelled to return an estimated $250,000 in
donations related to Tony Rezko.

Whereas: Senator Barack Obama has consistently lied about his
contact with convicted criminal Tony Rezko. The Tony Rezko
corruption trial revealed that FBI mole John Thomas helped investigators
“build a record of repeat visits to the old offices of Rezko and former
business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by
Blagojevich and Obama during 2004 and 2005,” according to the February
10, 2008 Chicago Sun-Times.

Whereas: Senator Barack Obama has engaged in unscrupulous business
practices, in particular with Mr. Robert Blackwell. Mr. Obama
received an $ 8,000 per month “legal retainer” from Mr. Blackwell
for a total of $112,000 and reported the income through his law firm
in a manner not unlike money laundering. Obama, along with Obama
campaign manager Dan Shomon, procured $ 320,000 in state grants
for Blackwell’s company Killerspin. Blackwell companies contributed
over $ 32,000 to the Obama campaign in 2007.

Whereas: Senator Barack Obama used the office of IL Senator to
facilitate the vote rigging in Chicago as chairman of the Illinois Senate
Health and Human Services Committee. Mr. Obama pushed legislation in Senate Bill
1332 to reduce the number of members of the Health Facilities Planning Board
from 15 to 9. Mr. Obama did conspire with Stuart Levine, Tony Rezko and
Rod Blogojevich to rig the committee and was rewarded with campaign
contributions. The new members appointed included 3 doctors who contributed to
Mr. Obama. On April 21, 2004, Stuart Levine explicitly advised Dr. Robert Weinstein,
who is now indicted, of Tony Rezko’s role in manipulating the Planning Board’s vote.

Whereas: Senator Barack Obama has engaged in lies and deception
about his past. Mr. Obama lied about his contact level with
convicted criminal Tony Rezko, the amounts and sources of
campaign contributions and encounters with the law. A complaint
has been filed with the Bar Association of Illinois alleging
that Mr. Obama did not answer truthfully all questions on the
application to the bar.

Whereas: Senator Barack Obama has invoked the FOIA in Illinois
when it was politically expedient and ignored or violated the
FOIA at other times. In the Illinois Senate proceedings of
Mr. Obama, in Senate Bill 1416, pleads the importance of businesses
bidding on state contracts having improved access to FOIA data. When
later questioned about his records during his term in the IL
Senate, Mr. Obama gave evasive answers or refused to supply records.

Whereas: The First Amendment provides a right for the people “to
petition the government for a redress of grievances.” Precedents
exist for impeachment and expulsion of a US Senator. Senator William
Blount was impeached by the House on July 7, 1797 and expelled by
the Senate the next day.

NOW, THEREFORE, BE IT RESOLVED that we, the People, Undersigned,
being citizens of the United States and residents in the Cities and States so
indicated, HEREBY Demand that the Congress of the United States begin
immediate impeachment and/or expulsion proceedings against Senator
Barack Obama.

      Addendum: Petition to Impeach Senator Obama

We were urged to add the following information about Senator Obama.
This comes under the topic of lies and deception but also falls under more
serious charges of abuse of power and possible violation of the Logan Act.
Those signing the petition prior to this addendum will be identified.

August 4, 2008

Whereas: As a US Senator, Barack Obama violated the stated intention of
his 2006 Official Government Visa to Africa by publicly propagandizing
for his cousin, Railla Odinga against the US democratic ally of Kenya.
Whereas the stated “mission” of Senator Obama’s Official Visa, according
to the Kenya Office of Public Communications, was to “nurture relations
between the Continent and the United States” he, instead, made public
protest before Kenya citizens to rally against their leadership,
invoking a need for “Change!” and accusing this US allied nation of
“corruption.” In Official Protest of Mr. Obama’s passport abuse and
misconduct, Kenya’s government cited his “extremely disturbing
statements on issues which it is clear, he was very poorly informed, and
on which he chose to lecture the Government and the people of Kenya on
how to manage our country.” Whereas, furthermore, there is no public
record of any sanctions or reprimand by the US Congress of Senator
Obama’s passport violation or campaigning on foreign soil against a US
ally, history has since recorded the broadspread destruction of Kenya’s
economy and large scale loss of life as a result of the violence
instigated by Odinga’s ODM campaign there.

 

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McCain Obama debate, Oxford MS, September 26, 2008, Foreign Policy, Economy, Bailout, Philip J Berg, Obama not qualified, Obama not citizen, Obama Kenyan, Obama Indonesian, Why is Obama allowed to debate?

Posted on September 26, 2008 | 1 comment

Obama, who may be indicted for corruption any day and is not a citizen of the US, is debating John McCain tonight in Oxford Mississippi. Why was Obama ramroded through the Democratic Convention and given the nomination when he is not qualified to be president. Obama had the chance to produce a vault version of a COLB, but instead filed a motion to dismiss the lawsuit from Philip J Berg. John McCain presented a vault COLB.

Foreign policy, the economy and the bailouts are certainly important topics and worthy of debate, but why are we allowing Obama, who is not qualified to run for president, debate John Mccain.

Consider the following:

  • Obama and/or Rod Blagojevich may be indicted next in the aftermath of the Tony Rezko investigation and trial.
  • Obama has not produced a vault version of a COLB. To add further insult to the American public, fake copies were put on the Obama site and other sites.
  • Obama was born in Kenya.
  • Obama became a citizen of Indonesia.
  • Obama did not swear an oath of allegiance to regain US citizenship.
  • Obama lied on his Illinois Bar application and relinquished his law license in 2007.
  • There is no proof that Obama complied with Selective Service Laws.
  • Obama violated the Logan Act during his visit to Kenya in 2006 when he interfered with the Kenyan government and campaigned for his radical cousin Raila Odinga.
  • Obama attempted to negotiate with the Iraqi government to delay talks about troop withdrawal until after the US election.
  • Obama, the DNC and the FEC were served a lawsuit initiated by Philip J Berg that states that Obama is not qualified to be president.
  • Obama and the DNC filed a motion to dismiss the Berg lawsuit.
  • Why did Obama file a motion to dismiss the Philip J Berg lawsuit instead of presenting a vault COLB?
  • Obama does not have a vault COLB because of his birth in Kenya and has deceived the American public.
  • There is also a Petition to Impeach, expel Senator Obama.

Why is senator Obama allowed to debate senator John McCain and seek the office of President of the US.

Philip J Berg’s website:

http://obamacrimes.com

Impeach, expel senator Obama:

http://obamaimpeachment.org

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Philip J Berg update, September 25, 2008, Response to motions to dismiss, Radio interview, MommaE Bloktalkradio, Constitutional Crisis, standing with the complaint, amended complaint, respond in 5 days

Posted on September 25, 2008 | 9 comments

Philip J Berg has provided updates regarding his plans after Obama and
the DNC filed motions to dismiss the lawsuit. Mr. Berg released a press
release last night, discussed the matter with Jeff Schreiber and
was interviewed tonight, Thursday, September 25, 2008, on the MommaE Blogtalkradio show.

Here are some exerpts from Philip J Berg’s press release:

“For Immediate Release: – 09/24/08
Obama & DNC Hide Behind Legal Issues While Betraying Public in not Producing a Certified Copy of Obama’s “Vault” Birth Certificate and Oath of Allegiance.
Country is Headed to a Constitutional Crisis”
“Berg stated that a response will be made in the next few days to their Motion to Dismiss.”
“Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.”
From the conversation between Philip J Berg and Jeff Schreiber:
“”Note, Jeff, that they waited until just before the deadline to file this, note that they’re just trying to prolong it and not deal with the issue,” he said. “It’s funny that on a day that McCain has stated that he’s suspending his campaign and wants the upcoming debate canceled so America can talk about the economic crisis, Obama says that he can campaign and talk it out at the same time, yet how come he’s not talking about his birth certificate?

How come he’s hiding behind technical rules?”

“If you’re not qualified to be there,” Berg said, “get off the stage at this point in the game. Every day that goes by, every step that he takes to avoid showing those documents, which I don’t believe exist, indicates to me that he’s not natural-born.””

“”Don’t get me wrong,” he said. “I believe we have established standing with the complaint we filed, but also we’re going to add a few clauses which will clarify our standing to sue.”

At the heart of one of those clauses, he said, is the United States Code, specifically 8 U.S.C. § 1481(b), the use of which appears to be aimed at Berg’s allegation that, if Obama did have U.S. Citizenship, he relinquished it upon moving with his mother to Indonesia and never regained it. 8 U.S.C.

§ 1481(b) states that whenever the loss of citizenship is at issue with regard to a civil action presumably such as this, the burden of proof is placed on the party bringing the action–in this case, Berg–to establish the claim by preponderance of the evidence.

§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
Simply put, to prove something “by a preponderance of the evidence,” the party bearing the burden of proof must simply convince a judge or jury that the facts are more probably one way than the other. Regardless, Berg reads 8 U.S.C. § 1481(b) as providing him with “the right to question anyone’s status as a citizen,” I imagine, so long as he can satisfy the burden of proof.

Berg insists that, rather than wait the full 20 days to respond, he’ll likely file his amended complaint on Monday. Besides containing the aforementioned additional clauses and arguments, Berg mentioned that he will likely withdraw suit against the Federal Election Commission–they’re more concerned about the financial aspect of the election, he says–and add Pennsylvania’s Secretary of the Commonwealth, Pedro Cortes, to the action for his role as overseer of the electoral process in the Keystone State.

“He’s the one that puts a person on the ballot,” Berg said. “In this case, that person’s not a citizen, he doesn’t meet the qualifications, and he doesn’t belong on the ballot.””
From the MommaE Blogtalkradio interview:

Mr. Berg read his press release. He then stated that he received a call
from the court requesting a response in 5 days (the normal time for
response is 14 days). Mr. Berg is also waiting on a ruling on his
motion for expedited discovery. He stated he would be happy if Obama
is required to produce a vault version of Obama’s birth certificate
and a pledge of allegiance to the US. Mr. Berg went on to say that
he does not believe that Obama can produce a valid birth certificate
since Obama was born in Kenya. Mr. Berg stressed the urgency of the
lawsuit and that he is prepared to take the case to the Supreme Court
of the US. The FEC must be reserved and he is waiting until financing comes to the forefront.
Philip J Berg’s website:

http://obamacrimes.com

Jeff Schrieber’s website:

http://www.americasright.com/

The Philip J Berg Lawsuit facts and timeline can be found at the top of the Citizen Wells blog

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Philip J Berg interview, September 25, 2008, MommaE, Blogtalkradio, Obama motion, DNC motion, Berg discusses motions to dismiss

Posted on September 25, 2008 | 1 comment

Philip J Berg will provide an interview and update about the motions for dismissal filed by Barack Obama and the DNC on Wednesday, September 24, 2008. Here is the notice I received from MommaE:

“Mr. Berg will be a guest on my radio show this evening to discuss the Motions For Dismissal and his plans to move forward. I am inviting every one here to the show. Especially if you would like the opportunity to hear from him directly, ask him a question or have a comment or information about the Law Suit. It is great to blog back and forth with each other, but it is far better to actually hear from the person and be able to talk to him. The information for the show is below and I certainly hope that you will put it to good use and show up.

http://blogtalkradio.com/mommaeradiorebels

Just go to the above link and you can listen live or you can register and join the chat room to respond to posts or ask questions, send in comments, etc., if you don’t want to call in and ask them in person. All time zones for the show are listed below as well as the call in number.

5:30 to 7:30 PM Pacific Standard Time

6:30 t0 8:30 PM Mountain Standard Time

7:30 to 9:30 PM Central Standard Time

8:30 to 10:30 PM Eastern Standard Time

Call in number: 347-237-4870

I hope to see you all there and I am sure that Mr. Berg does also.

MommaE Radio Rebels”

Visit the Petition to Impeach, expel Senator Obama:
 

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Philip J Berg lawsuit, Obama motion to dismiss, U.S. Supreme Court, FEC v. Akins, voter standing, James Akins, Related Lawsuits, subject matter jurisdiction, Jeff Schreiber commentary

Posted on September 25, 2008 | 8 comments

On Wednesday, September 24, 2008, Obama and the DNC filed a motion to dismiss the Philip J Berg lawsuit that states Obama is not qualified to be president. Legal issues aside, in my opinion this is an admission that Obama is not qualified and is still a citizen of kenya and or Indonesia. Jeff Schreiber, a law student, legal writer and blog owner, has written his analysis of the lawsuit and motion to dismiss by Obama. here are some exerpts:

“Unlike the way in which the defense supported the 12(b)(6) defense, citing the particularities and treatment of the Declaratory Judgment Act by the Third Circuit Court of Appeals, the lack of standing defense did not surprise me in the least. In two recent posts on this matter, the first one eight and the other 12 days ago, I focused on the standing issue–specifically noting the disposition of the New Hampshire case, Hollander v. McCain, quoted in today’s motion–and pressed Berg on the issue.

I told him, just as I explained in these pages, that above everything else he needed to show an INJURY IN FACT. I mentioned that simply being a taxpayer, or a voter for that matter, has not proven to be enough to show injury or prove standing. In today’s motion, the defense stated that Berg failed to allege any “concrete, specific injury in fact to himself,” maintaining that voter disenfranchisement alone is not enough, that “a voter’s loss of the ability to vote for a candidate ‘of their liking’ does not confer standing because the actual injury is not to the voter but to the candidate.”

The Hon. William Alsup in the Northern District of California expressed similar feelings when he granted John McCain’s Motion to Dismiss–filed on similar grounds–on September 16 in Robinson v. Bowen, the citizenship-related action filed against the Arizona senator by the chairman of California’s American Independent Party, stating that even with plaintiff Markham Robinson’s status as party chairman and chances of becoming an elector, he still had “no greater stake in the matter than a taxpayer or voter.”

“Furthermore, even though filing so close to deadline is a common and accepted practice, Berg was steadfast in his belief that the longer the senator fails and refuses to produce the documentation sought in the Motion for Expedited Discovery filed on September 9, the more it looks like his allegations are correct, and he felt as though the timing of today’s motion was another attempt at obfuscation.

“Note, Jeff, that they waited until just before the deadline to file this, note that they’re just trying to prolong it and not deal with the issue,” he said. “It’s funny that on a day that McCain has stated that he’s suspending his campaign and wants the upcoming debate canceled so America can talk about the economic crisis, Obama says that he can campaign and talk it out at the same time, yet how come he’s not talking about his birth certificate? How come he’s hiding behind technical rules?”

“If you’re not qualified to be there,” Berg said, “get off the stage at this point in the game. Every day that goes by, every step that he takes to avoid showing those documents, which I don’t believe exist, indicates to me that he’s not natural-born.””

Read more here:

http://www.americasright.com/2008/09/obama-dnc-file-motion-to-dismiss-in.html

“Truth or fantasy of Berg’s allegations aside, as I’ve stated before, I believe that eligibility goes beyond citizenship, that our nation’s founders wanted to ensure that the man–or woman, as it were–leading our country was boundlessly loyal to Her, and that they enshrined that hope in the fifth clause of Article II, Section 1 of our Constitution. I touched upon that intent almost a month ago after Berg’s suit was filed:

It was important to those courageous men that the future leaders of their fledgling nation understand what it means to be an American. Every clause in that document is there for a reason, each a lesson learned from fresh wounds of tyranny gone but not forgotten, and the framers made a point to require that, at the very least, a potential president must have been a citizen of the United States “at the time of the Adoption of this Constitution.” Unfettered, undivided devotion and loyalty to America was of the utmost concern; simply put, only those who fought and bled for Her independence, or at the very least understood the meaning behind, need for and potential of this great experiment could be trusted with its charge.
For that reason, completely apart from my obvious ideological leanings and political bias, it seemed counterintuitive to me that regardless of the slippery slope argument, a voter in our representative republic could not stand up and question the qualifications of those who wish to lead our nation as president and Commander-in-Chief. For me, it doesn’t matter who the candidate is or to which party he or she belongs — what kind of protection are we providing for the intent of our founders if we refuse to even consider such an action on its merits, or lack thereof, instead overlooking an inquiry into a matter of such great importance based upon procedural limitations which, by their very nature, ebb and flow over time?”

“A 1998 decision rendered by the U.S. Supreme Court, FEC v. Akins, did allow for voter standing because the injury of which James Akins and the other respondents complained–the inability to obtain information, in this case as to the status of a political action committee–was concrete enough that widely-shared harm did not preclude standing. As a campaign finance-related action, FEC v. Akins may be a far cry from the nature of the claims set forth by Berg and the others, but it shows that the Court is willing to broaden the standard for injury in fact when the injury sustained by a mere voter either (1) falls within the “zone of interests” to be protected or regulated by a particular statute, or (2) is indicative of a large number of individuals who suffer the same injury. This, for me, seems to better align with the hopes of those who, wary of the King, wanted to secure power as close to the people as possible, and certainly seems to comport with the nature of the injury in the matters at hand.”

Read more here:

http://www.americasright.com/2008/09/so-who-does-have-standing-anyway.html

Make sure to visit Jeff Schreiber’s site often.

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Philip J Berg press release, September 24, 2008, Obama & DNC Hide Behind Legal Issues, Country Headed to a Constitutional Crisis

Posted on September 25, 2008 | Leave a comment

Barack Obama and the DNC responded to Philip J Berg’s lawsuit with a motion to dismiss. What is Obama hiding? John McCain produced a vault copy of his birth certificate. Mr. Berg believes, as I do, that Obama was born in Kenya and is not a citizen of the US. Here is the press release from Philip J Berg:

“For Immediate Release: – 09/24/08
For Further Information Contact:
Philip J. Berg, Esquire Berg v. Obama
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005 No. 08-cv-04083
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659 philjberg@obamacrimes.com
Obama & DNC
Hide Behind Legal Issues
While Betraying Public in not Producing a
Certified Copy of Obama’s
“Vault” Birth Certificate and Oath of Allegiance
Country is Headed to a Constitutional Crisis
(Lafayette Hill, Pennsylvania – 09/24/08) – Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that Obama and Democratic National Committee [DNC] filed a Joint Motion to Dismiss on the last day to file a response, for the obvious purpose of delaying Court action in the case of
Berg v. Obama, No. 08-cv-04083.
Their joint motion indicates a concerted effort to avoid the truth by delaying the judicial process, although legal, by not resolving the issue presented: that is, whether Barack Obama was “natural born.”
It is obvious that Obama was born in Kenya and does not meet the
“qualifications” to be President of the United States pursuant to our United States
C:\Documents and Settings\Geoff\Local Settings\Application Data\Opera\Opera\profile\cache4\temporary_download\Obama
Press Release 09 24 2008.doc
2
Constitution. Obama cannot produce a certified copy of his “Vault” [original long version] Birth Certificate from Hawaii because it does not exist.
DNC Chairperson Howard Dean should resign as he has not and is not fulfilling his responsibility of seeing that a “qualified” candidate is on the ballot as the Democratic candidate for President of the United States.
Berg stated that a response will be made in the next few days to their Motion to Dismiss.
Our website obamacrimes.com now has 15.1 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.
Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.
* * For copies of all Court Pleadings, go to
obamacrimes.com
# # #”

Visit Philip J Berg’s site:

http://obamacrimes.com

Petition to Impeach, expel Senator Obama:

http://obamaimpeachment.org

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