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Berg V Obama: Appeal Denied
The Kansas Citian ^ | Nov. 1, 2008 | thekansascitian

Posted on 11/01/2008 1:55:10 PM PDT by thekansascitian

Lots of news on Barack Obama's citizenship status.

First, the third circuit court of appeals has rejected Philip J. Berg's appeal. The judge in the case upheld the lower court ruling on Berg's lack of standing.

DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.

A similar case in Ohio has been tossed out. The judge ruled the onus of proof is on the plaintiff to prove Obama is not a natural-born citizen and not on Obama to prove he is.

“The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence – not hearsay, conclusory allegations or pure speculation,” Hasselbach wrote in his decision .

David M. Neal, the plaintiff, wrote on his website that when he enrolled his child in public school he had to produce a birth certificate for his son to prove eligibility... "[Barack Obama] is running for president of the United States." the implication being the applicant bore the onus to prove citizenship and not the school to prove non-legal status.

Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama's birth certificate as genuine. But that's not exactly what the Hawaii officials said.

Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama's birth in Kenya from his paternal grandmother.

We know Dr. Fukino did not actually see Obama's birth certificate, because "she says state law bars release of a certified birth certificate to anyone who does not have a tangible interest." Emphasis added.

If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official "vault" birth certificate being produced. Arguments that the people do not have standing to enforce the Constitution sets a dangerous president and requiring challengers to bear the burden of proof when the Constitution specifically requires natural-born status of presidential candidates creates a constitutional crisis that patriots simply can not allow.

Of course this entire issue would go away if Barack Obama would simply authorize the release of the document. Why does he continue to fight this issue and not just put it to rest?


TOPICS: Business/Economy; Conspiracy; Government; Politics
KEYWORDS: barackobama; bergvobama; certifigate; citizenship
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To: thekansascitian

I saw a comment somewhere recently that the Constitution doesn’t actually prohibit someone without valid citizenship to run for the presidency. it would only be unconstitutional to become president. I’ve also seen a comment suggesting congressional Democrats are merely using Obama to win the election. when the House counts the votes someone will raise the citizenship issue and then disqualify Obama making Joe Biden president. It sounds a little far fetched to me, but then we are talking about liberals so who knows what they might try.


61 posted on 11/01/2008 5:14:57 PM PDT by kathsua (A woman can do anything a man can do and have babies besides.)
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To: SkyDancer
So what happens if he gets in office and his real BC turns up and he’s not a US citizen?????

Nothing good. He would obviously not be eligible to hold the office. Thus every law, order, etc, he signed would be illegitimate.

If he refused to "do the right thing", and the Congress refused to impeach and remove him, quickly. Then I think that the military would decide "it's time" to act on their oaths and "support and defend" the constitution against the "foreign enemy". (Assuming he was not a citizen at all, otherwise a "domestic enemy" if he's just not a natural born citizen), that he would have become. How ugly that got would probably depend on how long after he took office the revelation occurred. If he'd had time to get the next "Wesley Clark" into the position of Chairman Joint Chiefs, or into command of major unified or specified commands, it could get ugly indeed.

62 posted on 11/01/2008 9:55:16 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: SkyDancer
What agency went after Nixon and forced him to resign?

The Press, and the House of Representatives. He resigned when the 'Rat controlled House scheduled impeachment hearings. The 'Rat Congress would do no such thing with a Red 'Rat in the Oval office if iron clad proof turned up that he'd been born in Timbuktu. ( a city in the West African nation of Mali, which is 90% Muslim) Also spelled "Tombouctou".

63 posted on 11/01/2008 10:19:05 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Figures .... if he gets in anyways we’re screwed ....


64 posted on 11/02/2008 8:44:32 AM PST by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: El Gato

as mentioned - we’re screwed big time ... glad I live in the PNW - very sparse area - lots of forest - I’m a mountain gal anyway and can hold my own ... plus lots of us up here too.

That National Security Force thing scares the bejesus out of me ....


65 posted on 11/02/2008 8:46:35 AM PST by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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