Tag Archives: Philip J Berg lawsuit

Philip J Berg lawsuit, September 24, 2008, Motion to dismiss, Obama, Democratic Committee, ** Breaking News **

Obama and the DNC have filed a motion to dismiss the Philip J Berg lawsuit.

Details to follow.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, :

:

Plaintiff :

:

v. : Civil Action No. 2:08-cv-04083-RBS

:

BARACK OBAMA, et al., :

:

Defendants :

DEFENDANT DEMOCRATIC NATIONAL COMMITTEE’S

AND DEFENDANT SENATOR BARACK OBAMA’S

MOTION TO DISMISS

Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National

Committee and Senator Barack Obama respectfully move the Court for an order

dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction

over the claim asserted and that the Complaint fails to state a claim upon which relief can

be granted.

Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion to Dismiss and a proposed Order.

Respectfully submitted,

Dated: September 24, 2008 /s/ John P. Lavelle, Jr.

John P. Lavelle, Jr.

Attorney I.D. PA 54279

BALLARD SPAHR ANDREWS &

INGERSOLL, LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

(215) 864-8603

(215) 864-9125 (Fax)

lavellej@ballardspahr.

Philip J Berg lawsuit, Wednesday, September 24, 2008, Obama response due, DNC response due, Dismissal?, Continuance?, No response is a guilty plea

Will Obama or the DNC respond to the Philip J Berg lawsuit today, Wednesday, September 24, 2008 ? Today is the deadline for a response from Obama and the DNC. The FEC has until October 21, 2008 to respond.

I spoke to Philip J Berg last night on MommaE blog radio. I asked Mr. Berg if a ruling related to one of the defendants would affect the lawsuit against the other parties. He stated no. Mr. Berg is confidant that this matter will go forward even if it has to be taken to the Supreme Court of the US.

I believe I speak for all concerned and responsible Americans with the following statement:

If Obama does not prove his citizenship and qualifications to be president, he is guilty in the court of accountability and common sense.

John McCain provided a vault copy of his birth certificate to congress.

The timeline and associated details regarding the lawsuit can be found at the top of the Citizen Wells blog.

Philip J Berg’s website:

http://obamacrimes.com

If you are concerned about this country and the chicanery of Obama, visit:

http://obamaimpeachment.org

Philip J Berg lawsuit, Obama, Fox News, Media, PA, Jeff Schreiber, September 24, 2008, Obama response

Obama has until Wednesday, September 24, 2008 to respond to the Philip J Berg lawsuit that states Obama is not qualified to be president. Citizen Wells has issued challenges to the media in NC to cover this important story. Just yesterday, at the Obama rally in Charlotte NC, I spoke to a man in the military that was aware of the lawsuit and shocked that the media had not covered the story.

Jeff Schreiber, a law student, writer and blog host was in Media PA for a McCain Palin rally and mentioned the lawsuit deadline to a Fox News reporter. Here is what happened:

“After attending a McCain-Palin rally in Media, PA (photos and story coming later), I hunted down Fox News Channel’s Carl Cameron and asked him whether he know about Philip Berg’s suit.

He did not.

He originally thought I was referring to some state-level action regarding ballots. When I told him it was a federal suit and that ANSWERS FROM BARACK OBAMA AND THE DNC ARE DUE ON WEDNESDAY, he made a phone call and referred someone to this site.

So, to those from Fox News currently checking here, all of the materials and links for the Berg suit is located on the right-hand side of this page, under the “BERG v. OBAMA @ AMERICA’S RIGHT” header.

If y’all have any questions, shoot me an e-mail.”

Read more here:

http://www.americasright.com/

Jeff Schreiber is in contact with Philip J Berg and provides some excellent legal perspectives. My hat is off to Jeff for informing Fox News.

Philip J Berg lawsuit, Larry Sinclair, State lawsuits, Minnesota, Sinclair to file in MN

The Philip J Berg lawsuit stating that Obama is not qualified to be president has been served on Obama, the DNC and the FEC. Obama must respond by September 24, 2008. Larry Sinclair has contacted Mr. Berg and plans to file suit in Minnesota. Here is Larry Sinclair’s statement:

“Monday, September 22, 2008

SUIT TO CHALLENGE OBAMA’S RIGHT TO BE ON MINNESOTA BALLOT

It appears that a civil suit will be filed in Minnesota State Court as well to challenge Barack Obama’s constitutional right to be on the Minnesota State Ballot in November.

I urge everyone to file legal challenge to Obama’s right to be on your states ballot as well, and do so now. The Defendants will be Barack Obama, your states Democratic Party and the Secretary of State for you state.

Until Obama has proven he is constitutionally entitled to be on the ballot on a federal level, he should not be on any state ballots and the states must determine if he is eligible for the state ballots. “

Read more here:
http://larrysinclair-0926.blogspot.com/
Help insure that Obama will not be president:
http://obamaimpeachment.org

Philip J Berg lawsuit, obamacrimes.com, COLB update, comments, Insights, FBI response, Special Agent-in-Charge, Background checks, elected officials, American political process, Berg website comments, Answers

Philip J Berg provided an update regarding the COLB of Barack Obama on his website on Friday, September 19, 2008. I was fortunate to post the first comment on this post. I stated the obvious. A subsequent comment by Mr. Berg’s assistant provides information from the FBI regarding the requirements for proof of citizenship. Here are the comments:

“Obama should have proven earlier
written by Citizen Wells, September 19, 2008

Obama, an educated Lawyer, should have been proactive early
and established his credentials. He is obviously hiding something.”

 

“written by Berg’s Assistant, September 19, 2008

Hi Citizen Wells,

You are very accurate!

We have received a lot of question asking “How did Obama get this far, he must have had background checks as he is a U.S. Senator.”

However, this is inaccurate according to Special Agent-in-Charge: C. Frank Figliuzzi of the Cleveland FBI. Background checks are not performed on those elected, once elected they work for Congress and are handed a secret clearance. See below:

This is a conversation between the Special Agent-in-Charge: C. Frank Figliuzzi of the Cleveland FBI and Mike Trivisonno on the Mike Trivisonno Show, WTAM 1100, 7/02/08, Hr. 2.

Caller – Do they perform background checks on candidates and fellows who are in Congress and the Senate and perhaps potential presidential candidates?.

FBI – The short answer is no, no we don’t, but they’re given top secret clearances because they’re members of Congress, or Senators, or even higher ranking officials.

Host – Time out. There are no background checks from the FBI on the people that lead the country, the United States of America?.

FBI – Let me emphasize, elected officials. This is a democracy, the people have elected an official to represent them in Washington, and we do not routinely run background checks on those people.

Host – Even people running for president of the United States of America?.

FBI – That’s correct.

Host – That’s a little weird

FBI – Well, its part of democracy, its part of what the American people want, they want to be able to vote for somebody to represent them in Washington and they don’t want us to get in the way of that and we have no predilection to get in the way of that.

Host – Yeah, but what if they’re voting for a bad person and they don’t know that person is bad, do you follow me?. I’m saying, if the guy’s got a background and maybe he’s involved with some people that he shouldn’t be involved with, shouldn’t we know that as voters?.

FBI – Well, I think you’d agree that the American political process is about as rigorous as you’ll ever see and if there’s dirt back there, probably the opponent is gonna get it out probably before anyone else will.

Host – Now I know why you’re the head of the FBI, they’re good, aren’t they?.”

 

“written by Phil’s Assistant, September 20, 2008

Thinking Guy,

You don’t sue the Department of Health to obtain a birth record of an idividual in which you are questioning his citizenship status. The answer, again, is he can produce it. Do you have a copy of your birth certificate? I’m sure you do, I would be happy to show anyone mine, I’m more than willing to prove my citizenship status.

As you are aware, some of this is of course are discovery issues. Please review the legal briefs posted on this website, it will give you all law relevant to Mr. Berg’s case.

Thinking Guy, how do you Know what Mr. Obama has actually used in order to obtain passports, drivers licenses, etc.? Your answer would be speculative.

Mr. Obama has access to his birth certificate, again, the picture on his website is a Certification of Live birth, which is NOT a birth Certificate.

Although I’m not republican or a supporter of the Republican party, Senator McCain provided several certified copies of his long version (vault) version of his birth certificate, he took his issue to Congress for a resolution, he did not want doubts in his supporters minds. Mr. Obama should be willing to do the same. Put this issue to rest, be done with it.”

To follow this story from the beginning, click on the link at the top of the Citizen Wells blog.

Philip J Berg lawsuit, Obama served, DNC served, FEC served, FOIA request to FEC, FEC FOIA status, FEC response by October 21, 2008, Citizen Wells phone call to FEC

The MSM has not covered the story of the Philip J Berg lawsuit served
on Barack Obama, the DNC and the FEC. Many people have contacted us
in disbelief at the lack of MSM coverage. It is our duty to keep you
informed and we will continue to do so. If you are unaware of the details
regarding the lawsuit, click on the page link at the top of this blog.
Here are the response deadlines for the Philip J Berg lawsuit:

Berg v. Obama, et al. Civil Case No. 08-cv-04083
 
Answers are due from the various parties to the lawsuite as follows:

Barrack Obama September 24, 2008;

DNC: September 24, 2008 and

FEC: October 21, 2008 (Federal and Government Employees and Entities have sixty (60) days)
 

Citizen Wells requested information via the FOIA from the FEC on 9/13/2008. Here is the FOIA request made to the FEC:
Date 9/13/2008

Federal Election Commission
Attn: FOIA Requester Service Center
Room 408
999 E Street, NW
Washington, DC 20463

Re: Freedom of Information Act (FOIA) Request

Dear Sir / Madam:

This is a request for records under the Freedom of Information Act [or Privacy Act]. I am requesting records created or dated between the dates of August 21, 2008 and September 13, 2008. Specifically, I am requesting documents that relate to

the Philip J Berg lawsuit initiated and served on Barack Obama, the DNC and the FEC.

For the purposes of determining what, if any, fees may be assessed in connection with the processing of this request, I am

a representative of the news media requesting records as part of a newsgathering effort. I am affiliated with Citizen Wells blog. This has an educational aspect due to students getting information from the blog in the absence of reporting by the MSM.

I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government and is not primarily my commercial interest. As stated above, the MSM is not covering this story and the public deserves to know the truth and have the facts reported in a timely manner.

If you have any questions regarding this request, my daytime telephone number is ___________. My email address is ____________. Thank you for your consideration of this request.

Sincerely,

Citizen Wells
The FEC responded via email on Thursday, September 18, 2008. Here is the FEC response:
Citizen Wells
Subject:                        Your Freedom of Information Act Request to the
Federal Election Commission

Dear Citizen Wells:

This email acknowledges receipt of your Freedom of Information Act (FOIA) request dated September 13, 2008.

Please note that, depending upon the nature of your request, we may be able to respond to you more quickly if you are able to state your request more specifically or narrowly, either in terms of the scope of documents you have requested or by refining the timeframe of your request.  If you would like to discuss this option or if you have any questions, please contact the FOIA Requester Service Center at (202) 694-1650.  Please include the following tracking number in all future correspondence regarding this matter – FOIA Request XXXXXX.

Thank you for contacting the Federal Election Commission.

                                       

                                                        Sincerely,

                                                        Candace J. Salley
                                                        FOIA Requester Service

 
I phoned Candace J. Salley on friday, September 19, 2008. She was out of the office and I left a message. I will attempt to speak with her on Monday. I will keep you informed.

Philip J Berg lawsuit, Obama must respond by September 24, 2008, Obama born in Kenya, Fake COLB, Indonesian citizen, AP photo, Obama alias, Traffic violations, Bar application, Selective Service, Obama response

Barack Obama has been served a lawsuit initiated by Philip J Berg
and must respond by September 24, 2008. Obama is a Harvard Law
School graduate. If Obama is indeed qualified for the presidency
why didn’t he proactively prove this at the beginning. All we have
seen so far is a fake COLB on his website and other sites. To add insult
to injury, factcheck.org, tied to Annenberg, has proclaimed the
COLB real.

It is now a near certainty that Obama was born in Kenya and that
Obama lied on his bar application by leaving out alias and traffic
violations. Multiple family members attest to Obama’s Kenyan birth
and a African website months ago proclaimed his Kenyan birth. Since
Obama has not provided credentials to prove he is qualified for the
presidency, how will Obama respond to the lawsuit? Here are some
issues that need resolving:

  • Obama was born in Kenya.
  • Obama may have a document from Hawaii that is a substitute.
  • The COLB produced by the Obama camp is fake.
  • Obama was a citizen of Indonesia. There is a AP photo that
    shows his name as Barry Soetoro and a citizen of Indonesia.
  • Obama claimed to be a US citizen and omitted his alias and traffic
    violations on his bar application.
  • Obama apparently did not renounce other citizenships and pledge
    allegiance to the US at age eighteen.
  • There is no evidence of Obama registering with Selective Service.
  • Obama ran for the Democrat Nomination for president and with full
    knowledge that he was not qualified and that this lawsuit had been
    filed, proceeded with impunity for the law and the political process.

 

If the past is any determiner of the future, Obama will use diversions and attacks and continue to act outside of the law.

Send the Message to Obama that you want him out of office:

http://obamaimpeachment.org

Hillary replaces Biden, Biden steps down, Obama next?, Philip J Berg lawsuit, Obama not qualified, Obama indictment, Soap Opera?, Can Democrats survive Drama?

Last night I spoke to Larry Sinclair. He was given a heads up from some Washington insiders that he made contact with months ago. I was already aware of the insiders. I have discussed Joe Biden’s comments with bloggers and those around me. Even Rush Limbaugh has been raising questions about Biden. Here is the post I made last night:

https://citizenwells.wordpress.com/2008/09/11/joe-biden-hillary-clinton-philip-j-berg-obama-lawsuit-biden-comments-larry-sinclair-hillary-replace-obama-hillary-replace-biden-did-biden-open-the-door-to-bow-out-biden-dropping-out/

I received an email this afternoon and here is a portion of it:

“We have received information from sources high in the Democratic Party that , in a total desperation move, Hillary Rodham Clinton will replace the hapless Joe Biden as V-P candidate on the Obama ticket.   I will send out more information on this in several minutes.   Hillary Clinton has said that Barack Obama is not qualified to be Commander-in-Chief.  He hasn’t grown any more qualified presumably in the past few weeks.  As the saying goes, “It took a Republican to have the Obama Dems name a woman to the ticket.”

 

 

Can this possibly be true?

Will Hillary replace Biden?

Is Obama qualified to be president?

Is Hillary posturing to replace Obama?

My God, this does sound like a soap opera! 

I do not believe many Hillary supporters would back the ticket with her as VP. The damage may have already been done.

Are the Democrats testing the waters?

Obama not US citizen, McCain is US citizen, Philip J Berg lawsuit, Obama not Qualified, US Code: Title 8, Section 1403, McCain is qualified

 Philip J Berg filed a lawsuit in Philadephia Federal Court, and it
has been served on Barack Obama, DNC and FEC. The basis of the suit
is Obama:
Is not a natural-born citizen; and/or
Lost his citizenship when he was adopted in Indonesia; and/or
Has dual loyalties because of his citizenship with Kenya and Indonesia

Many commenters on this blog and throughout the country are confused about the laws regarding eligibility to be president and some believe that McCain is not eligible. He clearly is. However, the same is not true for Obama. It is apparent that Obama was born in Kenya. 

The following was posted by Leeballz, a regular commenter on Citizen Wells. I would like to thank Leeballz again for all the help provided.

“Apparently I can’t post this enough:

US Code: Title 8, Section 1403.

Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

http://www.law.cornell.edu/uscode/8/1403.html

Michael,

You are right that if Obama was born in Hawaii that he would be eligible. If he was borne outside of the U.S. (or outside of any U.S. controlled areas abroad like military bases) he would not be. Unless of course there is a law that did give him eligibility if borne abroad; like his mother being able to transfer that right to him. However, if he was a citizen and he moved to another country and received citizenship there, then he would have dual citizenship. As I mentioned above, I don’t think dual citizenship would disqualify him. I have dual citizenship, but was borne not 20 miles from Washington, D.C. I believe I would be eligible if I wanted to run. Again, though if the country that he took up residence in, required him to denounce or revoke his U.S. citizenship and he never reinstated it (if that’s even possible), then we have a huge problem over a rather small technicality. The huge problem is called “Precedent.” The funny thing with it is if you set it, then it is very hard to get rid of. I don’t think this office is one that needs to cause a constitutional crisis or constitutional amendment for one candidate.

So I think this lawsuit should be an easy thing for Obama to settle and if so, then he will gain many more votes from it. He should be excited to prove his citizenship because of that reason, yet he hasn’t publicly challenged it except for a disputed birth certificate on an obscure website. Why? Why hasn’t he produced the records from the hospital, I would presume he could have gotten them on his vacation. However, those who wish to think negatively of him will still see the possibility of forgery, but he can then disprove that too if that is false.

Questions are good, they provide answers.”

From Obama not qualified for presidency lawsuit, Philip J Berg, EXPEDITED DISCOVERY, September 10, 2008, SEEKS DEPOSITION OF BARACK OBAMA AND HOWARD DEAN BY END OF MONTH, Jeff Schreiber explains, 2008/09/12 at 12:51 PM

Read all about the Philip J Berg lawsuit here:

https://citizenwells.wordpress.com/philip-j-berg-lawsuit/

Visit Philip J Berg’s website:

http://www.obamacrimes.com

Philip J Berg lawsuit, Obama not qualified, MSM, NC media, WBT radio, Charlotte Observer, Salisbury Post, NC voters, Media has failed you

Philip J Berg filed a lawsuit in Philadephia Federal Court, and it
has been served on Barack Obama, DNC and Fec. The basis of the suit
is Obama:
Is not a natural-born citizen; and/or
Lost his citizenship when he was adopted in Indonesia; and/or
Has dual loyalties because of his citizenship with Kenya and Indonesia

The MSM has failed in their responsibility to inform the American public. The MSM has given Obama a free ride and swooned over him. The strongest voice of reason and coverage I have experienced in NC is WBT talk radio in Charlotte NC. Keith Larson and Jeff Katz have done a pretty good job of revealing the truth about Obama.

Are you aware of the lawsuit initiated by attorney Philip J Berg filed and served against Obama, the DNC and the FEC? Mr. Berg has strong reason to believe that Obama is not qualified to be president. Mr. Berg filed the suit before the Democratic Convention hoping to air the issue early enough and avoid a constitutional crisis. Are you a Hillary supporter that is just finding out about the lawsuit?

This blog, Citizen Wells, helped break this story. We have received regular updates from Philip J Berg and have done our job to inform the American public. Consider this recent comment on this blog:

“A friend just told me that her middle school aged son is using this info on a paper for a school project. Some high school newspaper is likely to break this story before the MSM!!

From Philip J Berg, Obama not qualified, Lawsuit, Federal Court, Obama not US citizen, Latest Docket entries, Answer due 9/24/2008, 2008/09/10 at 11:52 AM”

Viewership of this blog has skyrocketed and most are reading about the Philip J Berg lawsuit. This is a huge story and deserves to be presented to the American public. Is your source of information serving you? If not, ask them why they have not covered this story. Here is a recent post from this blog that is receiving a great deal of interest:

https://citizenwells.wordpress.com/2008/09/10/obama-not-qualified-for-presidency-lawsuit-philip-j-berg-expedited-discovery-september-10-2008-seeks-deposition-of-barack-obama-and-howard-dean-by-end-of-month-jeff-schreiber-explains/

NC voters, consider the following:

I have contacted WBT radio on multiple occasions. Are they following up? Is the call screener biased?

I provided information on the Charlotte Observer blog. The Charlotte Observer just announced their third wave of cutbacks. I wonder why?

I contacted the Salisbury Post on several occasions. Are they covering the truth about Obama?

Earlier in the year, many newspapers in NC were contacted regarding the Larry Sinclair story.

If you believe you are not being served by your local news source, contact them, voice your displeasure and educate them.