Tag Archives: Philip J Berg lawsuit

Philip J Berg lawsuit, Third Circuit Court of Appeals, Obama and DNC filed response, October 31, 2008, Berg Emergency Motion, Obama requests denial

Posted on October 31, 2008 | 25 comments

Obama and the DNC have responded to Philip J Berg’s emergency motion in the Third Circuit Court of Appeals. Here is a report from Jeff Schreiber:

“1. Obama and the DNC have filed a response to the Emergency Motion filed by Philip Berg in the Third Circuit Court of Appeals, saying that Berg’s Emergency Motion should be denied (1) because the motion is “effectively a new original case,” (2) because Berg “failed to comply with Rule 8(a) … requiring that he move first in the district court for any order granting an injunction while and appeal is pending,” and (3) because “there is no possibility that Berg will prevail on the merits,” citing Berg’s “patently false” claims and lack of standing.

2. It looks as though the FEC will be responding for the Respondents in the United States Supreme Court.

3. An Ohio case, filed by Mr. David Neal, was dismissed by Warren County Magistrate Andrew Hasselbach. Another news article HERE. I’ve been in contact with Mr. Neal, and will address this in more detail later.”

Read more here:

http://www.americasright.com/

Help Philip J Berg defend the Constitution:

http://obamacrimes.com

25 Comments

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Obama not eligible, Constitutional crisis, Philip J Berg lawsuit, Electoral College meeting, Obama not natural born citizen

Posted on October 29, 2008 | 8 comments

The Philip J Berg lawsuit that states that Obama is not eligible to be president was dismissed by Judge Surrick last week. Howver, the lawsuit is still alive in the appeals court and will be submitted to the US Supreme Court tomorrow, October 30, 2008. Mr. Berg is trying to prevent a constitutional crisis. Jeff Schreiber has an article that explains what may happen:

 

“Obama Must Stand Up Now or Sit Down
By Dr. Edwin Vieira, Jr.
NewsWithViews.com

America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his American citizenship—or he must step down as the Democratic Party’s candidate for President of the United States—preferably before the election is held, and in any event before the Electoral College meets. Because, pursuant to the Constitution, only “a natural born Citizen, or a Citizen of the United States at the time of the Adoption of th[e] Constitution, shall be eligible to the Office of President” (Article II, Section 1, Clause 4). And Obama clearly was not “a Citizen of the United States at the time of the Adoption of th[e] Constitution.”

Whether the evidence will show that Obama is, or is not, “a natural born Citizen” who has never renounced his American citizenship is an open question. The arguments on both sides are as yet speculative. But Obama’s stubborn refusal to provide what he claims is “his own” country with conclusive proof on that score compels the presumption that he knows, or at least strongly suspects, that no sufficient evidence in his favor exists. After all, he is not being pressed to solve a problem in quantum physics that is “above his pay grade,” but only asked to provide the public with the original copy of some official record that establishes his citizenship. The vast majority of Americans could easily do so. Why will Obama not dispel the doubts about his eligibility—unless he can not?
Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders. The “burden of establishing a delegation of power to the United States * * * is upon those making the claim.” Bute v. Illinois, 333 U.S. 640, 653 (1948). And if each of the General Government’s powers must be proven (not simply presumed) to exist, then every requirement that the Constitution sets for any individual’s exercise of those powers must also be proven (not simply presumed) to be fully satisfied before that individual may exercise any of those powers. The Constitution’s command that “[n]o Person except a natural born Citizen * * * shall be eligible to the Office of President” is an absolute prohibition against the exercise of each and every Presidential power by certain unqualified individuals. Actually (not simply presumptively or speculatively) being “a natural born Citizen” is the condition precedent sine qua non for avoiding this prohibition. Therefore, anyone who claims eligibility for “the Office of President” must, when credibly challenged, establish his qualifications in this regard with sufficient evidence.”

Read more here:

http://www.americasright.com/

Help Philip J Berg defend the Constitution:

http://obamacrimes.com

8 Comments

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Philip J Berg lawsuit, Fox news, US Supreme Court, Standing, New York Fox News, Obama not eligible

Posted on October 28, 2008 | 18 comments

Philip J Berg has been interviewed by the Fox News Channel in New York. Mr. Berg discussed the interview, his lawsuit stating that Obama is not eligible to be president and the US Supreme Court with Jeff Schreiber. Here are some exerpts:

“I spoke with Philip Berg this afternoon as he sat in his office, awaiting a crew from Fox News Channel in New York. While interest in his lawsuit among those at Fox has been steadily mounting over the past few days and weeks, Berg does not know exactly in what capacity the end product of the taping will be used.

“At this point,” Berg said, “the nation just needs to know that Mr. Obama is not eligible to serve as president of the United States, that he has so far successfully hidden behind procedure, and that we could very well be headed toward a constitutional crisis unless this is addressed.”

And he is indeed working toward ensuring that the issue is addressed, Berg said, and has been spending the past few days preparing for his appeal to the United States Supreme Court, a move which could happen by the end of the week. This, of course, has caused him to shift other items to the proverbial back burner, including but not limited to the so-called Michelle Obama tapes purportedly possessed by editorial staff at African Press International.”

“In the unlikely event, though, that four of the nine Supreme Court Justices decide to hear the case, Berg will first have to establish that, contrary to the arguments put forth by Barack Obama and the DNC and the specifics of the decision rendered by the Hon. R. Barclay Surrick, he indeed has standing to sue. As I’ve pointed out in these pages before, the standing doctrine as it stands today does not bode well for Philip Berg.

To have standing, a plaintiff must satisfy a three-prong test. He or she must prove (1) injury in fact, (2) causation, and (3) redressibility — that they’ve sustained more than just general harm, that the harm can be traced to the conduct of the defendant, and that adjudication of the matter can provide a remedy to that harm. Berg’s biggest hurdle, so far, has been establishing injury in fact.”

“In the past, the United States Supreme Court has held that a plaintiff must have a “personal stake” in the matter being adjudicated. This, of course, is to ensure that the matter belongs before the court in the first place. More recently, however, the Court has paid greater attention to, and awarded standing for, plaintiffs who can show enough of an injury so as to provide something along the lines of a good contest among legal rivals.”

Read more here:

http://www.americasright.com/

Help Philip J Berg defend the Constitution:

http://obamacrimes.com

18 Comments

Posted in Acorn voter fraud, African Press, amended complaint, Announcements, API tapes, Barack Obama, Barry Soetoro, Berg, Birth Certificate, Board of Elections, Citizens for the truth about Obama, Civil Complaint, Congress, Criminal Complaint, Democrats, DNC, Election, Election 2008, Election Boards, Election update, Electoral College, Electors, FEC, Federal Court, Fox news, Government, Impeach Senator Obama, impeachment, indictment, Indonesia, Jeff Schreiber, Justice, Kenya, Natural born citizen, NC voters, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Senator Obama, The Case Against Barack Obama, United States, US Constitution, Voter fraud, voters

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Obama born in Kenya, Berg has evidence, Philip J Berg lawsuit, Obama’s grandmother tape, Grandson born in Kenya, Supreme Court appeal, US Constitution upheld

Posted on October 26, 2008 | 37 comments
From African Website 2008

From African Website 2008

Citizen Wells received information from reliable sources earlier in
2008 that stated Obama was born in Kenya and that a Kenyan birth
certificate existed for Obama. Philip J Berg has a tape Of Obama’s
paternal grandmother, Sarah Obama, stating she was present at Obama’s
birth in Kenya. Here is Berg’s comment:

“While the evidence presented by Berg was largely circumstantial, the attorney says that he is learning more about this narrative–and about the Democratic Party nominee for president–with each passing day. For example, regardless of whether it could be attached to the proceeding as it goes through the appellate process, Berg said, he is in possession of a native-language audiotape of Sarah Obama, Barack Obama’s paternal grandmother, stating on the day of the last presidential debate that her famous grandson was indeed born in Kenya, and that she was present in the hospital for his birth.

“The tape is in the native language there,” Berg said. “I will release it as soon as translation is confirmed by affidavit, and we are waiting on affidavits from contacts over here and in Kenya.””

Read more here: 
http://www.americasright.com/

Help Philip J Berg uphold the Constitution:

http://obamacrimes.com

37 Comments

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Philip J Berg lawsuit, Berg appealing to US Supreme Court, October 25, 2008, Obama not qualified to be president, Standing challenged

Posted on October 25, 2008 | 10 comments

Philip J Berg is appealing his lawsuit dismissal to the US Supreme Court. Here is Mr. Berg’s news release:

“Press Release: Berg v. Obama dismissed – Berg appealing to U. S. Supreme Court
Saturday, 25 October 2008 16:51 administrator Main – News    Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is “NOT” qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court

For Immediate Release: – 10/25/08 – Contact Info at end.
UPDATE: Ruling attached at end. It’s a really poor copy, but it is all we have for the moment. Willl put up a better copy when we get one.

(Lafayette Hill, Pennsylvania – 10/25/08) – 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 he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Our website obamacrimes.com now has 71.8 + 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

# # #

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659
philjberg@obamacrimes.com  This e-mail address is being protected from spambots. You need JavaScript enabled to view it”

Read more here:

http://obamacrimes.com

10 Comments

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Philip J Berg lawsuit, Judge Surrick dismissed, October 24, 2008 ruling, Philadelphia Daily News

Posted on October 25, 2008 | 11 comments

The Philadelphia Daily News has stated that Judge Surrick has ruled on the Philip J Berg Lawsuit. Judge Surrick allegedly ruled on the lawsuit last night, October 24, 2008. I have it on authority that the writer of the article, Michael Hinkelman, is a “rabid Obama supporter.” Mr Hinkelman does indeed publish gross inaccuracies (lies where I come from) about the case. The informed reader will immediately spot them.

Go ahead and read the biased account from the Philadelphia Daily News, the same newspaper that did not touch this story until the case was dismissed, and then read a more factual, authoritative account here:

http://www.americasright.com/

Here are some exerpts from the article:

“Posted on Sat, Oct. 25, 2008
Judge rejects Montco lawyer’s bid to have Obama removed from ballot
By MICHAEL HINKELMAN
Philadelphia Daily News

hinkelm@phillynews.com 215-854-2656

A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.

Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.

He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.

U.S. District Judge R. Barclay Surrick had denied Berg’s request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters.”

Read more here:

http://www.philly.com/dailynews

Here are Citizen Wells’ thoughts on the ruling:

  • The US Constitution rules. Judge Surrick is bound to uphold the Constitution.
  • Thousands of voters were disenfranchised during the Democratic Primaries.
  • Thousands more voters will be disenfranchised if Obama is allowed to remain on the ballot.
  • As the election progresses, control of the election process will shift from the states to the Federal Government. The following officials will be bound to uphold the Constitution:
  1. Secretary of State of each state.
  2. Election Board Officials.
  3. Electors.
  4. Governors.
  5. Judges.
  • All of the above officials will be held accountable.
  • Taking a cue from the Democratic Party will not be a valid excuse for not upholding the Constitution and allowing Obama, an illegal alien, to remain on the ballot or be voted for by electors.

Philip J Berg will appeal Judge Surrick’s decision and take the case to the Supreme Court if necessary. The Citizen Wells blog will produce an article soon to help clarify how the Constitution must be upheld. In conjunction with the American public, we will hold all responsible for the election, accountable.

Petition to Impeach, expel Senator Obama:

http://obamaimpeachment.org

11 Comments

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Philip J Berg lawsuit, Greta Van Sustern, Birth Certificate, Berg lawsuit, Media coverage, Rush Limbaugh, Greta

Posted on October 24, 2008 | 14 comments

Finally we have coverage of the Philip J Berg lawsuit by major media players. Rush Limbaugh has mentioned the lawsuit and now Greta Van Sustern has a proposal to address the birth certificate issue. The Zach Jones blog has an article about Greta’s proposal:

“Friday, October 24, 2008
Greta Van Susteren is Breaking Media Silence about Berg v Obama
This morning Greta Van Susteren opened a small crack in the media silence concerning the Berg v Obama lawsuit. Greta made the suggestion that all four candidates submit valid birth certificates to help prove they meet the Constitutional requirements to hold the office of President of The United States. I agree that this would be a great first step. However, Sen. Obama also needs to address the other allegations raised in Berg v Obama.

Here is Greta’s Post:

OK … the internet rumors about the birth certificate: let’s end the rumors and the viral nature of them!
by Greta Van Susteren
Of course I know about all the internet gossip about Senator Obama’s birth. Many of you (thousands?) have written me saying he was not born in the USA ( a Constitutional requirement for President) …. the rumors are flying around the internet and overloading my inbox and is viral. It doesn’t stop! I have thought the emails a waste of keyboard time and have ignored them.

However, since the emails just won’t stop…and since it really is a topic that should be put to rest and can be done with such ease, I now think Senator Obama should release his birth certificate but I also think, to be fair, so should the other 3….yes, all 4.

So, let’s have it! All 4 need to release their birth certificates to prove each was born in the USA and thus constitutionally able to serve as President. Let’s insist that all 4 release birth certificates and put the matter to rest! (and yes, stop the emails to me!)

Until this is done, the rumors simply will not stop and rumors are not fair…it is not fair to Senator Obama and he also should not be blackmailed into producing the records…so, if all 4 must produce, that seems fair.

Let’s see them….and then let’s move on.

END of Greta’s Post

I want to suggest that everyone post Greta’s suggestion everywhere to get people to flood Greta’s site and let her know just how many Berg supporter’s are out there.”

Read more here:

http://zachjonesishome.blogspot.com/2008/10/greta-van-susteren-is-breaking-media.html

14 Comments

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Judge Surrick ruling, Philip J Berg lawsuit, October 24, 2008, US Constitution, Obama ineligible to be president, Middle East, Libya, Kenya, Obama threat to US, Uphold Constitution

Posted on October 24, 2008 | 36 comments

Judge Surrick will provide a ruling any minute on the Philip J Berg lawsuit that states that Barack Obama is Indonesian and ineligible to be president. Lawsuit outcomes are hinged on very tight legal wordings and the burden of
proof placed on the plaintiff. Regardless of legal wrangling in court,
regardless of the ruling by Judge Surrick, the US Constitution must be upheld and those charged with upholding the US Constitution must do so and be held accountable. This includes Barack Obama.

Here is what we know:

  • The DNC did not vet Obama.
  • The MSM has supported Obama and not vetted him.
  • Obama has documented long time close ties to corruption in Chicago, Illinois and the Middle East.
  • Obama has close ties to Dubious connections in the Middle East and
    Africa. Three people close to Obama, Jeremiah Wright, Louis Farrakhan and Raila Odinga, have visited Libya.
  • Obama traveled to Pakistan when he was young when travel to Pakistan by US citizens was restricted.
  • Obama was born in Kenya.
  • Obama was adopted by his stepfather, Soetoro, became an Indonesian
    citizen and studied the Koran.
  • Obama and the Obama camp stole the Democratic nomination from Hillary Clinton using voter fraud and illegal campaign donations.
  • Obama has lied about most aspects of his life and past associations,
    including, but not limited to, his socialist party connections and Acorn involvement.

With the exception of the Kennedy assasination, Citizen Wells has never
been much of a conspiracy theorist. However, given the body of evidence,
I am inclined to believe that there is a Middle Eastern, radical Muslim,
connection to Obama, perhaps Libyan, that intends to destroy the US
from within. Too many events and associations have come into focus
to ignore this possibility.

Barack Obama, regardless of his many dubious connections, is not eligible
to be POTUS. Irrespective of any lawsuits in court, the US Constitution
must be upheld. Citizen Wells and the American public will hold all
accountable. Citizen Wells will provide an article soon that will
provide insight into upholding the US Constitution.

Petition to Impeach, expel Senator Obama:

http://obamaimpeachment.org

36 Comments

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Obama removal, Obama not eligible, Obama Indonesian, Philip J Berg lawsuit, Andy Martin investigation, Hawaii Supreme Court, US Constitution, Logan Act, Jerome Corsi, Obama removed soon

Posted on October 22, 2008 | 18 comments

The burden of proof in court cases can be very difficult to achieve.
Philip J Berg has a lawsuit filed August 21, 2008 that states that Obama
is a citizen of Indonesia and not eligible to be president. The lawsuit
is alive, has entered a new phase and according to Mr. Berg, will be
taken to the US Supreme Court if necessary. Up until now, Obama has
not been vetted by the DNC or the MSM. However, the truth about the
real Obama is slowly emerging. The DNC and state election boards have
been in control of the election process. Citizen Wells contacted the
NC Board of elections and discovered that they were aware of the Berg
lawsuit and stated that they got their cues from the DNC. However, there
is a watermark of vetting that is in place and supersedes state law and
election traditions. The US Constitution. As we work our way through the
election process, the US Constitution and Federal Election Laws will
factor more in the determination of eligibility.

There are several “show stoppers” in the limelight today regarding Barack
Obama, his eligibility, judgement and associations. Here are some of the
prominent controversies:

  • The Philip J Berg lawsuit states that Obama is Indonesian and not eligible to be president. A reliable source just indicated a ruling is imminent. According to Jeff Schreiber, “Because Barack Obama and the DNC failed to answer or object to his request for admissions within the mandatory 30-day period, Berg says, the admissions are admitted by default”
  • Andy Martin, a journalist, writer and investigator, has been in Hawaii
    for several days and has filed a request with the Hawaii Supreme Court to access Obama’s birth records.
  • Obama is traveling to Hawaii, allegedly because of his Grandmother’s
    health. However, due to Obama’s consistent pattern of deception and
    lies, coupled with the Berg lawsuit and Martin investigation, many are
    questioning Obama’s motives.
  • Jerome Corsi, author of “ObamaNation”, was in Kenya recently and deported by the Kenyan government. Mr Corsi returned with new evidence of the agenda of Obama’s cousin Raila Odinga and the ODM party and Obama’s meddling in Kenyan affairs. Obama was criticized by the Kenyan government for his 2006 trip to Kenya.
  • New revelations surface each day of Obama’s strong ties to William Ayers, a domestic terrorist, and Acorn, which is currently embroiled in voter fraud investigations in numerous states.
  • Tony Rezko is talking and all the people indicted as a result of the Rezko trial and investigations have connections to Obama. FBI mole. John Thomas, refuted Obama’s earlier claims that he did not have much contact with rezko.
  • Obama was not vetted by the DNC or MSM. However, as the election proceeds, various participants in the process will be held to the standard of upholding the Constitution. The Citizen Wells blog will provide more on this in the coming days.

So, which of these controversies and events will put an end to the deception
by Obama and the DNC. The collective wisdom of the founding fathers
impresses me more than ever. Will the safeguards put in place many years
save this country. If we follow their lead, the country will survive.

Support Philip J Berg and the US Constitution:

http://obamacrimes.com

Visit the Petition to Impeach, expel Senator Obama:

http://obamaimpeachment.org

18 Comments

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

Posted on October 20, 2008 | 19 comments

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

19 Comments

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