Posted on 08/21/2008 3:48:28 PM PDT by freespirited
Update 1: Case #08-CV-4083
This is the information I have received as of 5:28 PM EST:
Papers have been filed, not yet scanned into the Pacer system.
The complaint is asking for declaratory (asking the court to declare Obama is not a US citizen, a “natural born” citizen and not eligible under the qualifications of the US Constitution to run for Office of President).
Also asking for injunctive relief and an emergency TRO. Further asking for EXPEDITED Discovery.
We are asking that Obama provide a “ceritified copy” of the oath he took to regain his citizenship. We are asking for court orders, ordering the state department, HI department of records and other governmental agencies to turn over any and everything on Obama, all certified.
Plaintiff: PHILIP J. BERG
Defendant: BARACK HUSSEIN OBAMA, a/k/a BARRY SOETORO, a/k/a BARRY OBAMA , a/k/a BARACK DUNHAM, a/k/a BARRY DUNHAM, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION AND DOES 1-50 INCLUSIVE
I have no additional information.
“Isn’t Nick Berg’s family from PA??”
Yes, a suburb of Philly.
Do a search of Nick plus this lawyer. Be very careful of many of the sites that come up.
Yup,I think Chester but have not looked it up.Here’s an old thread.
http://freerepublic.com/focus/f-news/1135253/posts
I think plaintiff is fine on standing, but if I were the sitting judge, and all the plaintiff had is this BS that has been floating around the ‘net, we would be awarding costs immediately.
What’s this “to regain his citizenship”? And “certified” was spelled wrong in the filing papers. I’m thinking this was retyped from some other source.
I'm no lawyer, but my understanding goes like this. It's widely believed that Bambi's Indonesian stepfather, Lolo Soetoro, legally adopted him in the mid 1960s. If this adoption theory is correct, Bambi immediately acquired Indonesian citizenship. However, Indonesia did not recognize dual citizenship at the time. Which presumably means that Bambi lost his U.S. citizenship when he was adopted. (My guess is that the court will find some reason to say he didn't, like he was only five years old and therefore unable to make a decision to renounce his citizenship.)
If he did lose US citizenship, he could have re-established it when he returned from Indonesia to live with his grandparents. That is what the "regain his citizenship" language is about.
Again, my utterly unqualified guess is that the court will say he didn't have to do that.
Yes, I believe the info was retyped by Texas Darlin'.
He Haw! Hey Junior $inator, Obama, the Oreo. How are you doing down there with the Poll number Changes? Change can be a B$tch! Where is your real Certificate of Live Birth?"
Bambi, baby, It ain't over until the fat lady sings.
I’m an old lady....I don’t know HOW to do research! LOL
My thinking would be that since he was only five he’s under guardianship of his parents ... but then, say if a US born kid who was five and his parents moved to say England and his parents renounced their citizenship then the child I believe would have kept his US and also have English ... who knows ... will be interesting though to see what happens .... will TD update here I reckon?????
I didn’t make that original certificate Dave. Found it and made the gif.
LOL ... more here:
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http://www.americasright.com/2008/08/obama-sued-in-philadelphia-federal.html
Thursday, August 21, 2008
Obama Sued in Philadelphia Federal Court on Grounds he is Constitutionally Ineligible for the Presidency
by Jeff Schreiber
America’s Right.com
A prominent Philadelphia attorney and Hillary Clinton supporter filed suit this afternoon in the U.S. District Court for the Eastern District of Pennsylvania against Illinois Sen. Barrack Obama and the Democratic National Committee.
The action seeks an injunction preventing the senator from continuing his candidacy and a court order enjoining the DNC from nominating him next week, all on grounds that Sen. Obama is constitutionally ineligible to run for and hold the office of President of the United States.
Phillip Berg, the filing attorney, is a former gubernatorial and senatorial candidate, former chair of the Democratic Party in Montgomery (PA) County, former member of the Democratic State Committee, and former Deputy Attorney General of Pennsylvania.
According to Berg, he filed the suit—just days before the DNC is to hold its nominating convention in Denver—for the health of the Democratic Party.
“I filed this action at this time,” Berg stated, “to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated.”.
Berg cited a number of unanswered questions regarding the Illinois senator’s background, and in today’s lawsuit maintained that Sen. Obama is not a naturalized U.S. citizen or that, if he ever was, he lost his citizenship when he was adopted in Indonesia.
Berg also cites what he calls “dual loyalties” due to his citizenship and ties with Kenya and Indonesia.
Even if Sen. Obama can prove his U.S. citizenship, Berg stated, citing the senator’s use of a birth certificate from the state of Hawaii verified as a forgery by three independent document forensic experts, the issue of “multi-citizenship with responsibilities owed to and allegiance to other countries” remains on the table.
In the lawsuit, Berg states that Sen. Obama was born in Kenya, and not in Hawaii as the senator maintains. Before giving birth, according to the lawsuit, Obama’s mother traveled to Kenya with his father but was prevented from flying back to Hawaii because of the late stage of her pregnancy, “apparently a normal restriction to avoid births during a flight.”
As Sen. Obama’s own paternal grandmother, half-brother and half-sister have also claimed, Berg maintains that Stanley Ann Dunham—Obama’s mother—gave birth to little Barack in Kenya and subsequently flew to Hawaii to register the birth.
Berg cites inconsistent accounts of Sen. Obama’s birth, including reports that he was born at two separate hospitals—Kapiolani Hospital and Queens Hospital—in Honolulu, as well a profound lack of birthing records for Stanley Ann Dunham, though simple “registry of birth” records for Barack Obama are available in a Hawaiian public records office.
Should Sen. Obama truly have been born in Kenya, Berg writes, the laws on the books at the time of his birth hold that U.S. citizenship may only pass to a child born overseas to a U.S. citizen parent and non-citizen parent if the former was at least 19 years of age.
Sen. Obama’s mother was only 18 at the time. Therefore, because U.S. citizenship could not legally be passed on to him, Obama could not be registered as a “natural born” citizen and would therefore be ineligible to seek the presidency pursuant to Article II, Section 1 of the United States Constitution.
Moreover, even if Sen. Obama could have somehow been deemed “natural born,” that citizenship was lost in or around 1967 when he and his mother took up residency in Indonesia, where Stanley Ann Dunham married Lolo Soetoro, an Indonesian citizen.
Berg also states that he possesses copies of Sen. Obama’s registration to Fransiskus Assisi School In Jakarta, Indonesia which clearly show that he was registered under the name “Barry Soetoro” and his citizenship listed as Indonesian.
The Hawaiian birth certificate, Berg says, is a forgery. In the suit, the attorney states that the birth certificate on record is a forgery, has been identified as such by three independent document forensic experts, and actually belonged to Maya Kasandra Soetoro, Sen. Obama’s half-sister.
“Voters donated money, goods and services to elect a nominee and were defrauded by Sen. Obama’s lies and obfuscations,” Berg stated. “If the DNC officers ... had performed one ounce of due diligence we would not find ourselves in this emergency predicament, one week away from making a person the nominee who has lost their citizenship as a child and failed to even perform the basic steps of regaining citizenship as prescribed by constitutional laws.”
“It is unfair to the country,” he continued, “for candidates of either party to become the nominee when there is any question of the ability to serve if elected.”
~~~
We shall see ...
He at least had some sort of case. This guy is asking for something (a certified copy of the oath he to to regain citidzenship) that probably doesn’t exist and never did but he is assuming it does.
One of the commenters at Texas Darlin posted the following. If she's right, then Barack/Barry cannot run for President under any circumstances. I don't think Linda Starr is part of Phil Berg's team, so I think she's speculating as to the contents of the lawsuit. [my emphasis below]:
Linda Starr // August 21, 2008 at 5:42 pm
Ok the suit is predicated on his loss of citizenship when his mother took him to live in Indonesia after marrying a foreign national and living in that country with her son for over four years according to the laws on the books at the time.
Even the remedy passed later by INS laws state he had to take an oath of allegiance when he turned 18 to become a “naturalized citizen”, not a natural citizen again. He’s had divided loyalties and can not be a natural born citizen again. This is the federal statutes. He didn’t even do that to regain his citizenship. As soon as we get the court stamped copy we will make it available to everyone. Please help us get the word out. This is not out of some obscure website.
The laws Phil cites are federal regulations handling loss of citizenshp by a minor child who follows his custodial parent’s citizenship. Thank you for any help you can give us to spread it. The media may not pick it up and report it.
Thanks!!!
I just did a search and it lead me to DU where they claim the two Bergs are not related.
bttt
the child I believe would have kept his US and also have English ... who knowsThat's correct.
This lawsuit seems sort of pathetic. Can he identify these “forensic experts” he refers to? Aren’t they bloggers on the internet who are claiming that something they’ve never seen in person is a forgery? And what are the “birthing records” for Obama’s mother? And if Indonesia does not allow dual citizenship (I don’t know if this is true) that doesn’t mean that Obama would have lost his US citizenship. Just because Indonesia might not recognize US citizenship in that instance, it doesn’t mean the US wouldn’t recognize Obama as a natural born citizen. And I’ve never seen anything except here that says Obama was even adopted by his stepfather, so that may be moot anyway.
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Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.
**Here’s MORE**
Crystal: scroll way down to the birth certificate issue posts. Texas Darlin’ has been on this issue for quite a while:
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http://texasdarlin.wordpress.com/2008/08/21/factcheckorg-has-new-birth-certificate-story/#more-2376
FactCheck.org Has New Birth Certificate Story
August 21, 2008
Well, well, what a coincidence. I was wondering when this “story” was going to “break” now that Obama has returned from Hawaii.
Factcheck.org, which we just pointed out, has a conflict of interest in covering Barack Obama because they are owned by The Annenberg Foundation, has published a new story on Obama’s Certificate of Live Birth (COLB).
They have a photo of “Factcheck representatives” holding the COLB, and close-ups of the certificate number, stamps, and seal.
Before we go any further, let me stop to say this: YES, we also believe that Obama was born in the USA. Read this blog. That is NOT the issue. The issue is his other citizenships and identities, and the status of his current citizenship, not to mention his lack of transparency.
I found this part of the Factcheck article particularly interesting:
We asked the Obama campaign about the date stamp and the blacked-out certificate number. The certificate is stamped June 2007, because that’s when Hawaii officials produced it for the campaign, which requested that document and “all the records we could get our hands on” according to spokesperson Shauna Daly.
The campaign didn’t release its copy until 2008, after speculation began to appear on the Internet questioning Obama’s citizenship.
The campaign then rushed to release the document, and the rush is responsible for the blacked-out certificate number. Says Shauna: “[We] couldn’t get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we’ve found out it’s pretty irrelevant for the outside world.”
The document we looked at did have a certificate number; it is 151 1961 - 010641.
Interesting, indeed. I have the following questions for Factcheck. Since they are so on-top of this story, I’m sure they have answers:
1. What took the campaign so long to show an actual document to the media?
2. What other media did the campaign offer to show the COLB to, and have any others seen it and touched it, handled and photographed it? Or only Annenberg-owned Factcheck?
3. Why did the campaign go to such trouble to digitally black out the certificate number when it could have stuck a piece of solid black tape over the number, especially since, as Factcheck reported, they were in such a hurry?
4. Why did Janice Okubo tell a reporter that the COLB was ordered “this month” (June 2008 ) if it was ordered in June 2007?
5. Since Factcheck is seemingly in the business of helping the Obama campaign fight smears, did Factcheck ask the campaign about the rumor that Republicans are holding Barry Soetoro’s birth certificate? If so, what was the campaign’s response? If not, why not?
And finally…
6. How did Factcheck end up getting this access? Did they ask the campaign, or did the campaign offer to show it to Factcheck? The article is mysteriously vague on that point: “FactCheck representatives got a chance to spend some time with the birth certificate.”
Oh, I know I know, I’m just a loopy conspiracy theorist/anonymous blogger. But please, humor me for a few minutes to post an update answering these reasonable questions. You’d be surprised how many people read this blog, and I can assure you that most of them are not crazy.
Also, Facthcheck should make a correction: Atlas Shrugs is not an anonymous blogger.
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