Obama Sued in Philadelphia Federal Court (Constitutionally Ineligible for the Presidency)

AmericaRight.com ^ | 8/21/08 | Jeff Schreiber

[LdSentinal]

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. Barack 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."

[DJ MacWoW]

In the end, it doesn’t matter as we have no control over how it plays out. There are a lot of questions about Obamas life that are not being answered. He is an arrogant, empty suit that has accomplished nothing in his political career and associated with radicals and marxists in his private life.

[potlatch]

Thanks Justice! I haven’t read through the thread but read on others earlier in the day. Lot’s of info from Factcheckers.org at this site. But, Factcheckers may be ‘suspect’ too??

http://texasdarlin.wordpress.com/2008/08/21/factcheckorg-has-new-birth-certificate-story/#more-2376

[expatpat]

I'm not sure that any adoption is relevant, anyway.

The key issues are (a) was he born in the US, (b) did he renounce his US citizenship by getting and/or using an Indonesian passport. If the answers are 'Yes', 'No', then he is OK, but he is going to need to establish that before the convention.

[cynwoody]

Using the passport is a significant act re citizenship.

The State Department doesn't seem to think so.

If it were to come out that he'd formally renounced his US citizenship as an adult in front of an Indonesian consular official in order to get the thing renewed, that would be a problem.

[expatpat]

Good summary.

[DJ MacWoW]

Thank you. I’m tired and in a bad mood. LOL

[neverdem]

Thanks for the ping.

[expatpat]

That is not relevant to this situation, because it relates to dual citizenship. The situation with Indonesia is different because Indonesia does not accept dual citizenship - you are either an Indonesian or you are not. If not you cannot have an Indonesian passport.

[tang-soo]

It’s not a national or federal election. There is no such thing in the U.S. The POTUS is elected via 50 state elections. My $0.02.

[Crystal Cove]

Well, aren’t they saying he became an Indonesian citizen by virtue of adoption by his stepfather? He was too young to renounce his Indonesian citizenship when he lived there. He came back to Hawaii when he was a kid. Or are they saying he took Indonesian citizenship as an adult now? There would be residency requirements for that, and I haven’t seen anyone try to say he lived in Indonesia after the age of 18. As far as establishing that is he a natural born citizen, no one seems to be questioning that except for some blogs, which is my point. If it is legitimately in doubt, and McCain doesn’t want to raise the issue, why doesn’t the RNC, or a conservative commentator, address it? Having some 9/11 truth nutter file a lawsuit that gets absolutely no attention isn’t accomplishing anything at all. It just seems that all this so called evidence is sketchy at best.

[Political Junkie Too]

After looking closely at this document and the original Kos document, I do see dots in places on the picture of the paper doc that I also see on the scan.

-PJ

[forkinsocket]

Wowwwww LOL

[DJ MacWoW]

The Indonesian law was that he had to choose at 18, the US or Indonesia. IF he got an Indonesian passport at 18 to 20, he chose. ALL of this info has been on the threads and I have read only a few.

[Heart of Georgia]

"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 know how the clintons and their minions are experts at parsing, so I can't help but ask...Are we being set up - will there also be a lawsuit filed against McCain?

Before you say it won't go anywhere if they do, you know that isn't the point. Just look at the way they're approaching this...filing suit against one of their own, which, if nothing else will sow the seeds of doubt that he's not eligible, and hillary gets the nomination. I'm sure we'll all be ecstatic, the reasons for his ineligibility will be explained thoroughly on all the talk shows, and then when a suit is filed against the RNC and McCain, all they need is to again sow seeds of doubt, and the sheeple won't understand that there's no comparison. They'll just see hypocrisy from Republicans and will vote for her. This is exactly how the clinton's have always played the game.

The dems almost caused a Constitutional crisis in 2000, and their lawsuits nearly ripped this country to shreds. They don't care and the clintons have nothing to lose.

[expatguy]

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[cynwoody]

The situation with Indonesia is different because Indonesia does not accept dual citizenship - you are either an Indonesian or you are not. If not you cannot have an Indonesian passport.

Assuming the Indonesian passport actually existed, Lolo would have had to get it for him. He may have had to check a box renouncing Barry's US citizenship, whereupon the clerks welcomed the fine young man to his new country and handed him his new green passport. All fine and dandy as far as Indonesia is concerned. But as far as the US is concerned, he nevertheless remained a natural born US citizen eligible to grow up to be president. And dual citizens are eligible to be president, even though it may not help with electability.

[DJ MacWoW]

IF he had dual citizenship, once Obama reached 18, he had to choose. IF he got an Indonesian passport at 18 to 20, he chose. Several countries are the same including Japan.

[Danette]

remember this?

Canidates’ passport files breached......

http://www.msnbc.msn.com/id/23736254/

State Department: Someone snooped in Obama’s passport file...

http://www.cnn.com/2008/POLITICS/03/20/obama.passport/index.html

[cynwoody]

IF he got an Indonesian passport at 18 to 20, he chose.

That is the question. I wonder where the records are.

He made the trip in question when he was 19 or 20. It may well be that he used an Indonesian passport that was issued when he was still too young to renounce his US citizenship under US law. It's difficult to believe that a bright young preppy from Hawaii would cavalierly jeopardize his US citizenship for travel convenience.

[21stCenturyFreeThinker]

IF he had dual citizenship, once Obama reached 18, he had to choose. IF he got an Indonesian passport at 18 to 20, he chose.

Where in US law is that? Indonesian law is irrelevant here. See Renunciation of U.S. Citizenship on the State Department web site.

Use of a foreign passport by a dual-national isn't a problem at all according to this State Department note.

Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship