Obama Document Motion Denied (full story) [Berg's petition to stop nomination - "Certifigate"]

Times Herald (London) ^ | Aug. 28, 2008 | Keith Phucas

[Dajjal]

PHILADELPHIA - A Lafayette Hill lawyer who filed a legal challenge to Sen. Barack Obama's presidential candidacy claiming he doesn't meet U.S. residency requirements had a motion for a temporary restraining order denied Friday.

....

Though the motion was denied, Berg said he was encouraged that Judge R. Barclay Surrick did not dismiss the lawsuit. The litigation also sought "expedited discovery." "We're still waiting to serve the senator," Berg said in a telephone interview Wednesday. Discovery would include examining the candidate's birth certificate and adoption papers, among other documents, Berg said.

Besides Obama, the Democratic National Committee (DNC) and Federal Election Commission (FEC) are also named as defendants.

...

Once the senator is served, Berg will be able to move the suit forward in court. The case is still "very alive and active," according to an e-mail message from his office.

...

[Dajjal]

Okay, so to clarify the report from last night:

It's not that the papers had got served, and a new request for a temporary restraining order was denied.

The TRO was denied was last Friday (Aug. 22). The judge told Philip Berg that he would be happy to hear the case, but that papers to all the parties must be served first before he will consider anything.

As of Wednesday, papers had not been served on all the parties, most especially they had not been served to Barack Hussein Obama / Barry Soetoro / Barry Dunham / whatever.

But Berg is plodding forward with the serves, and will continue action.

Philip Berg's website on the lawsuit is:
http://www.obamacrimes.com

[BossLady]

Certifigate Zing!!!!!!!!

[mnehring]

Wouldn’t it be funny if he was served papers tonight on stage?

[microgood]

"If he was born in Hawaii, and he was adopted in Indonesia by Lolo Soetoro, (Obama) would lose his citizenship," Berg said.

This seems strange to me.

[pissant]

The smart money says this is going nowhere, but it is worth the effort.

[mojito]

It's a big victory for Berg that the lawsuit was not dismissed.

Obama will now be required to respond and produce documents.

[muawiyah]

The argument that Obama "lost citizenship" simply disappears into the bowels of the law when it's noted that you can't assert a change in your citizenship (vis a vis the USA) until you are at least 18 years of age.

He had returned to the USA long before then and did not then assert any citizenship other than that of the USA afterward.

It doesn't matter what Indonesia might have provided in its laws, or what his stepfather asserted, or even what his mother asserted.

This goes on all the time with illegal aliens being deported, taking their kids with them, and the kid coming back upon reaching 18 and deciding that Third World Hellhole #8 really isn't as good a place to live as the USA.

[Dajjal]

Link to the lawsuite thread:

http://www.freerepublic.com/focus/f-news/2066207/posts
PHILIP J. BERG v. BARACK HUSSEIN OBAMA - Complaint

[Mogollon]

Whether the lawsuit goes anywhere or not, the electorate will not elect Obambi. It’s the only way to make sure.

[cookcounty]

"This goes on all the time with illegal aliens being deported, taking their kids with them, and the kid coming back upon reaching 18 and deciding that Third World Hellhole #8 really isn't as good a place to live as the USA."

But a green card is not the same thing as citizenship and citizenship is not the same as natural born citizenship. The constitution is very clear that only people in the latter category are eligible to be President.

[houston1]

if that’s what he’s basing the case on he’s done, the only way a natural born U.S. citizen can lose his citizenship is to renounce it officially. I don’t know the exact procedure but you probably have to file a form with the state dept and give them your passport

[muawiyah]

However, natural born citizenship is, as it turns out, absolutely identical to "natural born citizenship".

And even if you turn 18 and claim a different citizenship, discover your mistake later, return, and claim US citizenship, you remain a "natural born citizen" if, in fact, you started out as a "natural born citizen".

It's all very complex, as seen in the relationship "A>B>C" is unequal to "C>B>A"

[darth]

The irony is rich considering the legal tactics that Obama used to throw his opponents out of the race when he ran for the seat in Illinois!

[blueyon]

they will never get close enough to serve him

[conservativegramma]

Amen Darth. What poetic justice this would be!

[mnehring]

Unless someone like Hilldog serves him.

[ikka]

Actually my nephews, born to an American father, but in a Canadian hospital, are going through a hellish amount of paperwork due to not filing within 6 months of birth a certain document with the American Embassy.

They may not get American citizenship, actually; right now they don't know (might end up Canadian as the mother is a Canadian citizen). My point being that it is entirely possible that these sort of things can happen.

[highpockets]

What if the person used a passport from another country.

I read somewhere that Obama use an Indonesian passport after he turned 18.

I also read that Indonesia does not allow dual citizenship.

Any impact on what you have already said?

Thanks

[cookcounty]

"However, natural born citizenship is, as it turns out, absolutely identical to "natural born citizenship". And even if you turn 18 and claim a different citizenship, discover your mistake later, return, and claim US citizenship, you remain a "natural born citizen" if, in fact, you started out as a "natural born citizen".

Yes, but, if you were born in Canada to an underage American and a non-American father......then my understanding is that you are not "natural born" tho you are fully eligible for citizenship.

And there are oddities that point to Canada...There are reports of Obama's mama visiting friends in Seattle within 30 days of his birth. Wierd.

[Dajjal]

Okay -- I don't know the merits of this argument, but this is the argument I've read on various threads, and as I understand it.

If BHO was really born in Hololulu, he was a Natural Born Citizen when he was born.

But then his mom married Lolo Soetoro and moved to Jarkarta. Lolo (aka Leo) formally adopted the boy and filed papers for him as Indonesian citizen Barry Soetoro.

It is said that US law recognizes dual citizenship with other nations that recognize dual citizenship, and that Indonesia does not. Hence, the argument further goes, when Barry becomes an Indonesian citizen, he loses his US citizenship.

Then mom left Lolo and dropped Barry off with his grandparents in Hawaii. (Supposedly this is when he got the Indonesian passport, to go from Jakarta to Honolulu.)

When Barry turns 18, he can regain his US citizenship if he goes before a judge or authority and renounces the foreign citizenship and swears a Loyalty Oath to the USA.

But, the argument goes, this does not restore him to "natural born" status. He now becomes a [re-]"Naturalized Citizen."

Ergo, even if he restored his citizenship when he became an adult, he would be ineligible to run for president.

At least, that is what people are saying, citing INS code from the pertinent years.

Frankly, I don't know whether they're right or wrong. But what with the COLB mess and everything else, I wouldn't be satisfied unless either a high ranking INS official or a federal judge made a clear pronouncement upon the situation.

BTW, some say that besides the possible Indonesian citizenship, that (even if he was born in Honolulu) Barack Obama Sr. might have filed papers granting his son Kenyan citizenship -- and that Kenya also does not recognize dual citizenship. So that theory is out there, too.