Tag Archives: amended complaint

Obama Indonesian citizen, Obama lies, Obama motion to dismiss, Philip J Berg lawsuit, Amended complaint, John Lavelle motion, Judge Surrick ruling

Barack Obama is still hiding his Indonesian citizenship behind legal
maneuvering and legalese. Today, Monday October 20, 2008, Obama filed another motion. The motion today was to dismiss Philip J Berg’s
amended complaint. Jeff Schreiber reports the following:

“Monday, October 20, 2008
Obama, DNC File Motion to Dismiss Berg’s First Amended Complaint
 
Just a few minutes ago, attorneys for Illinois Sen. Barack Obama and the Democratic National Committee filed a motion to dismiss the first amended complaint, a motion for leave for which was filed by Philip Berg on Monday, October 6.

Generally, an amended complaint cannot simply be filed by an attorney — the attorney must file a motion with the court, called a motion for leave to file an amended complaint, essentially asking that the court permit the amended complaint to be filed. That motion, the October 6 motion, is one of more than ten pending pleadings and still has not been addressed by the Hon. R. Barclay Surrick.

I am just now taking a look at it, but from a quick glance it appears as though Obama and the DNC are moving to dismiss the amended complaint on the same grounds for which they moved to dismiss the original complaint — that Berg lacks standing and fails to assert a claim upon which relief can be granted.

 

On September 24, 2008, Defendants Democratic National Committee (“DNC”) and Senator Barack Obama filed a motion to dismiss the original Complaint filed in this case, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), on the grounds that the Court lacks subject matter jurisdiction over the claims asserted and that the Complaint fails to state a claim upon which relief can be granted. On October 6, 2008, plaintiff Philip Berg filed a Motion for Leave to File a First Amended Complaint, together with a First Amended Complaint for Declaratory and Injunctive Relief (“Amended Complaint”). Assuming that no leave to amend is required under Fed. R. Civ. P. 15(a) because defendants have not filed a responsive pleading,1 the First Amended Complaint should nevertheless be dismissed, on the same grounds. No amendment to the Complaint can possibly cure its fundamental defects. Not only are the allegations patently false, but plaintiff lacks standing and there is no federal cause of action for enforcement of Article II of the Constitution. Nor has plaintiff set forth, i n the Amended Complaint, any other viable federal cause of action.”

Read more here:

http://www.americasright.com/

Support Philip J Berg in upholding the Constitution:

http://obamacrimes.com

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

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