:

1. Article II, Section I of the United States Constitution, states in particular part, “No Person

except a natural born Citizen, or a Citizen of the United States at the time of the Adoption

of this Constitution, shall be eligible to the Office of President; neither shall any Person

be eligible to that Office who shall not have attained to the Age of thirty five Years, and

been Fourteen Years a Resident within the United States.” Furthermore, all Presidents

since and including Martin Van Buren were born in the United States subsequent to the

Declaration of Independence.

2. “The general doctrine of our Constitution is, that the executive power of the nation is

vested in the President; subject only to the exceptions and qualifications, which are

expressed in the instrument.” 7 Works of Alexander Hamilton, J. C. Hamilton ed. (New

1

York: 1851), 76, 80–81 (emphasis in original), U.S. Constitution, Article II (Hamilton and

Madison.)

3. Obama is a representative of the Democratic People. However, the Obama must meet the

Qualifications specified for the United States Office of the President, which is he must be

a “natural born” citizen. Unfortunately, Obama is not a “natural born” citizen. Just to

name one of the problems, Obama lost his U.S. citizenship when his mother married an

Indonesian citizen and relocated herself and Obama to Indonesia wherein Obama’s

mother naturalized in Indonesia and Obama followed her naturalization, as he was a

minor and in the custody of his mother. Obama failed to take the oath of allegiance when

he turned eighteen (18) years to regain his United States Citizenship status.

4. The Democratic National Committee is for Plaintiff and “We the People” who believe in

the Democratic Vision. The Democratic National Party is supposed to represent the

Democratic Americans in seeking honest leadership, Open Government, Real Security,

Energy Independence, Economic Prosperity, Educational Excellence, a Healthcare

System that works for Everyone and Retirement Security. The Democratic Party is

supposed to represent and protect the interests of working Americans and guaranteeing

personal liberties for all. Of which includes securing a Democratic Nominee on the

Presidential Election ballot who represents the Democratic vision and who is qualified

and eligible to run for Office of the President under the qualifications of the United States

Constitution.

5. The actions of Obama, a U.S. Senator, in running for President of the United States,

knowing he is not eligible, have been taken entirely without authorization under the

2

United States Constitution, completely ignoring the qualification and procedures created

by the United States Constitution he is purporting to enforce.

6. Should Obama become the Nominee of the Democratic Party and then be discovered by

virtue of malfeasance, or negligence, on his part not to have revealed material evidence

showing him to be Ineligible for the Office of President of the United States of America

and thereby his Nomination be declared void by the appropriate Authorities Acting under

the Law, Plaintiff as well as other Democratic Americans will suffer Irreparable Harm

including but not limited to:

A) Functional, or Actual, Disenfranchisement of large numbers of Citizens,

being members of the Democratic Party, who would have been

deprived of the ability to choose a Nominee of their liking;

B) Irreparable Harm to the structure and integrity of the Democratic Party

and the Democratic National Committee. In turn, this too would lead to

Disenfranchisement; and

C) A severe and genuine likelihood of Civil Disturbance by virtue of reaction

to said Disenfranchisement.

7. This case arises under the Constitution and laws of the United States and presents a

federal question within this Court’s jurisdiction under Article III of the Constitution and

28 U.S.C. § 1331.

8. This Court has authority to grant declaratory relief pursuant to the Declaratory Judgment

Act, 28 U.S. C. § 2201.

9. Venue is proper in this Court under 28 U.S.C. § 1391(b).

3

10. Plaintiff, Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”], is an adult individual

with a business address of 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA

19444-2531.

11. Defendant, Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a

Barack Dunham, a/k/a Barry Dunham [hereinafter “Obama” is an adult individual

with an office address of 713 Hatch, Senate Office Building, Washington D.C.

12. Obama, The Democratic National Committee (hereinafter referred to as “DNC”) is a

Corporation with a principal address of 430 S. Capitol Street SE, Washington, DC

20003.

13. Defendant, The Federal Election Commission (FEC) was created in 1975 by Congress

to administer and enforce the Federal Election Campaign Act (FECA). The FEC is a

Governmental Agency with a principal address of 999 E Street, NW, Washington, DC

20463.

14. Since the beginning of the U.S. Constitution, in order to run for Office of the President,

you must be a “natural born citizen” and you may not hold dual citizenship or multiple

citizenships with foreign Countries. U.S. Constitution, Article II, Section 1.

15. There are questions as to where Obama was actually born, in the United States or abroad

and then registered his birth. There are further questions regarding Obama’s United

States Citizenship, if he ever held such, being expatriated and his failure to regain his

citizenship by taking the oath of allegiance once he turned eighteen (18) years of age.

4

There are additional questions regarding Obama’s multi citizenships with foreign

countries, which he still maintains. To date, Obama has refused to prove he is qualified

under the U.S. Constitution and his eligibility to run as President of the United States.

16. The facts are undisputed by Obama that his mother, Stanley Ann Dunham, was a U.S.

Citizen however, his father, Barack Obama, Sr., was a Citizen of Kenya. Obama’s

parents, according to divorce records, were married on or about February 2, 1961.

17. Obama claims he was born in Honolulu, Hawaii on August 4, 1961; however, has never

given the name of the hospital he was born in; whereas Obama’s grandmother on his

father’s side, half brother and half sister claim Obama was born in Kenya. Reports

reflect Obama’s mother went to Kenya during her pregnancy; however, she was

prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy,

which apparently was a normal restriction to avoid births during a flight. Stanley Ann

Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and

registered Obama’s birth. There are records of a “registry of birth” for Obama, on or

about August 8, 1961 in the public records office in Hawaii.

18. Upon investigation into the birth of Barack Hussein Obama in Honolulu, Hawaii,

Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital

and Queens Hospital. Wikipedia English Version under the subject “Barack Obama”

states Obama was born at Kapiolani Hospital. Wikipedia Italian Version under the

subject “Queens Hospital” states Barack Obama was born in Queens Hospital.

19. There are further references circulating on the internet claiming examination of the

hospital’s records in Hawaii show no birthing records for Stanley Ann Dunham (Obama),

5

Obama’s mother. However, there are records of a “registry of birth” for Obama, on or about

August 8, 1961 in the public records office in Hawaii.

20. Wayne Madsen, Journalist with Online Journal was a contributing writer and published

an article on June 9, 2008 stating the GOP sent a research team to Mombasa, Kenya and

located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital,

to his father, a Kenyan Citizen and his mother, a U.S. Citizen.

21. At the time of Obama’s birth in 1961, Kenya was a British Colony.

22. There is a Canadian Birth Certificate posted on the Internet in the name of Barack

Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961.

23. Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on

December 12, 1963. Chicago-based Internet journalist, broadcaster and critic Andy

Martin states Obama has never renounced his Kenyan citizenship. Andy Martin further

states on Obama’s Senate web site, Obama tap dances around his own dual nationality

when discussing his father. Obama obviously knows, because his father told the Obama,

that he (Obama) also held/holds Kenyan nationality.

24. If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated

if a child is born abroad and one parent was a U.S. Citizen, which would have been his

mother, Stanley Ann Dunham, Obama’s mother would have had to live ten (10) years in

the United States, five (5) of which were after the age of fourteen (14). At the time of

Obama’s birth, his mother was only eighteen (18) and therefore did not meet the

residency requirements under the law to give her son (Obama) U.S. Citizenship. The

laws in effect at the time of Obama’s birth prevented U.S. Citizenship at birth of children

born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was

under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did

6

not qualify under the law on the books to register Obama as a “natural born” citizen.

Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163,

235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved

(Att’y Gen. 1944). Obama would have only been naturalized and a Naturalized citizen is

not qualified and/or eligible to run for Office of the President. U.S. Constitution, Article

II, Section I, Clause 4.

25. Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a

citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.

26. In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley

Ann Dunham married Lolo Soetoro, a citizen of Indonesia and moved to Indonesia with

Obama. At this time, if Obama was Registered as a “natural born” citizen, which he did

not qualify to be registered as, he would have lost his U.S. Citizenship when his mother

married Lolo Soetoro and took up residency in Indonesia. The first requirement is that

.”

Such type of naturalization

occurs, for example, when a person acquires a foreign nationality by marriage to a

national of that country. Nationality Act of 1940, Section 317(b). Additionally, there is

rumor circulating on the Internet that his Indonesian stepfather, Lolo Soetoro, adopted

Obama.

27. The Nationality Act of 1940 provided for the loss of citizenship when the person became

naturalized upon the naturalization of his or her parent having custody of such person.

Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a

citizen of Indonesia and relocated her and her son (Obama) to Indonesia.

7

28. Obama was enrolled by his parents in a public school, Fransiskus Assisi School in

Jakarta, Indonesia. Plaintiff has received copies of the school registration where it clearly

states Obama’s name as Barry Soetoro and lists his citizenship as Indonesian, Obama’s

father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as

August 4, 1961 in Honolulu and Obama’s Religion is listed as Islam. This document was

Inside Edition

, whose reporter, Matt Meagher took the actual

footage of the school record.

29. In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10)

years of age upon his return to Hawaii.

30. Sometime after the return of Obama to Hawaii, Obama’s mother, Stanley Ann Dunham

returned to Hawaii and divorced her husband, Lolo Soetoro. At the time of Divorce,

Obama’s mother, Stanley Ann Dunham could have regained her U.S. Citizenship. In

order to regain her citizenship, Obama’s mother would have had to take the oath of

allegiance required. Such oath of allegiance may be taken abroad before a diplomatic or

consular officer of the United States, or in the United States before the Attorney General

or the judge or clerk of a Court. Such Oath of allegiance would have been entered in the

records of the appropriate embassy, legation, consulate, court or the Attorney General

and upon demand, a certified copy of the proceedings, including a copy of the oath

administered, under the seal of the embassy, legation, consulate, court or the Attorney

General shall be delivered. The certified copy shall be evidence of the facts stated therein

before any court of record or judicial tribunal and in any department or agency of the

Government of the United States. 8 U.S.C. §1435.

8

31. As stated above, The Nationality Act of 1940 provided for the loss of citizenship when

the person became naturalized upon the naturalization of his or her parent having custody

of such person. Obama’s mother expatriated her U.S. Citizenship when she married Lolo

Soetoro, a citizen of Indonesia and relocated her and her son (Obama) to Indonesia.

32. Obama’s mother failed to take the oath in order to regain her U.S. Citizenship.

Therefore, Obama would not have been able to regain his U.S. Citizenship until he turned

eighteen (18) years after he took the oath of allegiance before a diplomatic or consular

officer of the United States, or in the U.S. before the Attorney General or the judge or

clerk of court. Plaintiff is informed, believes and thereon alleges Obama failed to regain

his citizenship by taking the oath of allegiance. Since the oath of allegiance would have

been entered in the records of the appropriate embassy, legation, consulate, court or the

Attorney General, if Plaintiff is incorrect, then Obama should be able to produce in Court

a certified copy of the proceedings, including a copy of the oath administered.

33. Investigation further showed in 1981, Obama traveled to Pakistan using his Indonesian

passport. At the time of travels to Indonesia, Obama was twenty (20) years old. He was

well aware he maintained his Indonesia citizenship, and failed to regain his United States

citizenship. Indonesia does not allow dual citizenship. Had Obama regained his United

States citizenship, he would have been traveling on a United States Passport.

34. Obama and his Campaign office have been asked for Obama’s Certificate of Birth in

order to prove he is a “natural born” citizen as required by the U.S. Constitution.

9

After many attempts of the public to obtain Obama’s Certificate of Birth, a Hawaiian

Certificate of Live Birth (COLB) was placed on Obama’s campaign website. However,

as posted all over the internet, three (3) independent Document Forensic Experts

performed extensive Forensic testing on the Certificate of Live Birth posted on Obama’s

campaign website. The Forensic Expert findings were the Certificate of Live Birth

(COLB) was in fact a forgery. It was further discovered that this original Certificate of

Live Birth which had been altered and forged was issued to Maya Kasandra Soetoro,

born in 1970. Maya Kasandra Soetoro is Obama’s half sister who was born in Indonesia

and her birth was later registered in Hawaii. The altered and forged COLB is still on

http://my.barackobama.com/page/invite/birthcert

36. Further investigation led to Obama’s State Bar Registration and Public Disciplinary

Record. On the Illinois State Bar Registration and Public Disciplinary Record it

specifically asks for “Full former name(s). Obama put “None,” when in fact he went by

the name Barry Soetoro, and Barry Obama. It is further believed Obama has used the

name Barry Dunham. Obama lied on the State government form that he signed under the

penalty of perjury.

37. Even if Obama maintained his United States Citizenship, which he failed to do, he also

carries citizenships in Kenya and Indonesia. Obama has divided loyalties with foreign

countries. Thus, Obama carries multiple citizenships and is ineligible to run for President

of the United States. United States Constitution, Article II, Section I.

38. All the efforts of supporters of legitimate citizens were for nothing because the Obama

cheated his way into a fraudulent candidacy and cheated legitimately

10

eligible natural born citizens from competing in a fair process and the supporters of their

citizen choice for the nomination.

39. Voters donated money, goods and services to select a nominee, and were defrauded by

Obama’s obfuscations. Obama clearly shows consciousness of guilt by his actions by

posting a forged birth certificate on his website, and by and the falsifications he told to

cover his loss of citizenship.

40. Obama proclaims himself a Constitutional scholar and lecturer, but did not learn he had

no eligibility to become President except by means of obfuscations and deceptions.

41. The injunctive relief must be granted because failing to do so, this inaction defrauds

everyone who voted in the Democratic Primary for a nominee that is a fair representation

of the voters. Failure to grant injunctive relief would allow a corrupted, fraudulent

nomination process to continue.

42. It not only allows, but promotes an overwhelming degree of disrespect and creates

such a lack of confidence in voters of the primary process itself, so that it would cement a

prevailing belief that no potential candidate has to obey the laws of this country, respect

our election process, follow the Constitution, or even suffer any consequence for lying

and defrauding voters to get onto the ballot when they have no chance of serving if they

fraudulently manage to get elected.

43. If declaratory and injunctive relief is not given, it would be extremely unfair to the

country for candidates of either party to become the nominee when there is any question

as to the nominee’s eligibility to serve if elected.

11

44. As stated above, Plaintiff as well as Democratic American Citizens will suffer Irreparable

Harm if Declaratory and Injunctive relief is not granted. Plaintiff does not have any other

way of redress regarding these very significant and important issues.

45. The DNC has failed Plaintiff and the Democratic American Citizens by their failure to

perform due diligence and inquire into Obama’s eligibility to run for Office of the

President.

46. Plaintiff hereby incorporates Paragraphs 1 through 45 as if fully set forth herein.

47. The United States Constitution, Article II, Section I, Clause 4, Qualifications,

Office of President, states:

“No person except a natural born citizen, or a citizen of the United

States, at the time of the Adoption of this Constitution, shall be

eligible to the Office of President; neither shall any Person be

eligible to that Office who shall not have attained to the Age of

thirty-five Years, and been fourteen Years a Resident within the

United States.”

48. Obama’s failure to maintain his United States Citizenship makes him ineligible

to run for Office of the President.

49. Obama, if born in Kenya would have made him a citizen of Kenya.

Furthermore, because of the 1940 Naturalization Act, June 1952, Obama’s

12

mother would have had to be nineteen (19) in order for Obama to be a

“natural born” United States citizenship upon registration of his birth.

Obama’s mother was only eighteen (18) when she birthed Obama and

therefore was not old enough to meet the residency requirements under our laws

at the time of Obama’s birth and be able to register her son’s birth as a

“natural born” citizen.

50. Even if Obama would have been able to be registered as a “natural born” citizen

in Hawaii, he lost his citizenship in the United States when his mother

married Lolo Soetoro, a citizen of Indonesia and then took Obama to

Indonesia and set up residency with her new husband.

51. Obama’s mother could have regained her and Obama’s United States

Citizenship status when she divorced her husband, Lolo Soetoro and moved back

to Hawaii. However, in order to regain her citizenship in the United States she

would have had to take the oath of allegiance, which would have been recorded.

Obama’s mother never did take the oath of allegiance to regain her citizenship in

the United States.

52. Moreover, Obama could have regained his citizenship in the United States when

he turned eighteen (18), again by taking the oath of allegiance that would have

been recorded. However, Obama failed to do so.

53. The Democratic National Committee (DNC) is supposed to represent and protect

the interests of working Americans, which includes securing a Democratic

Nominee on the Presidential Election ballot who represents the

Democratic vision and who is qualified and eligible to run for Office of the

President under the

13

qualifications of the United States Constitution. The DNC has failed to inquire

into Obama’s eligibility status.

54. For the above aforementioned reasons, Obama needs to immediately supply a

certified copy of his oath of allegiance proving he regained his United States

Citizenship. In addition, Obama needs to furnish a certified copy of his

Certificate of Live Birth to further prove he was born in Hawaii as he claims.

However, if Obama is unable to supply a certified record of his oath of

allegiance, he needs to immediately step down and withdrawal his candidacy for

President.