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Atty Berg files "Petition for Rehearing En Banc" for Berg v. Obama and "False Claims Act" case.
obamareleaseyourrecords ^ | 07/15/2010 | obamareleaseyourrecords

Posted on 07/15/2010 1:19:55 PM PDT by rxsid

"On July 14th, attorney Phil Berg filed a Petition for Rehearing En Banc and False Claims Act case in the United States Court of Appeals for the District of Columbia Circuit. This appeal/action is against Barack Hussein Obama with the Department of Justice and the Attorney General named as Respondents. The full appeal is embedded below the excerpts.

This Qui Tam case based on the False Claims Act (hereinafter at times “FCA”) is a unique case with unique circumstances because of the nature of the False Claims, that being because the allegations of fraud herewith are against now sitting President Barack Hussein Obama. The claims are based upon the fact Obama fraudulently held the Office of United States Senator from Illinois and the fact that review of these proceedings to decide to prosecute rests with the United States Attorney General Eric Holder and as set forth hereinafter, a Conflict-of-Interest exists for which a Special Prosecutor must be appointed to review the evidence in the False Claims Act case and make a proper decision whether to prosecute or not. The United States Attorney General, Eric Holder, reports directly to the alleged violator, President Obama; gives opinions and legal advice to the alleged violator, President Obama; was senior legal advisor to Barack Hussein Obama’s Presidential Campaign; and served as one of three [3] members on then President-Elect Obama’s Vice-Presidential Selection Committee and thus a major Conflict-of-Interest existed and still exists with the within litigation.

As a result, the United States Attorney General Eric Holder and his staff, which includes the U.S. Department of Justice had and have a clear Conflict-of-Interest. If this does not rise to the level of a Conflict-of-Interest codified as 5 CFR § 2635, et sequitur; 5 U.S.C. § 2640, et sequitur; 18 U.S.C. §205; and 18 U.S.C. §208 then the Code of Federal Regulations and 18 U.S.C. §205; and 18 U.S.C. §208 should be removed from our laws. Allowing this Conflict-of-Interest continue is opening the door for other governmental agencies to disregard these very laws put in place to ensure fair justice.

PETITION FOR EN BANC REVIEW

On June 30, 2010, Judges Rogers, Garland and Brown issued an Order finding Appellant failed to demonstrate that Eric Holder, the United States Attorney General, the Office of the United States Attorney General and the Department of Justice have a Conflict-of-Interest in representing the President of the United States in a Qui Tam (False Claims Act) action. See EXHIBIT “1” attached hereto... ...much more below.

...Atty Berg ends the appeal with; Any involvement by United States Attorney General Eric Holder and/or any of his staff which he over-sees in this qui tam case are clear violations of the Code of Federal Regulations and the United States Codes. If this Court grants the requested relief, absolutely no harm will come to the public, and certainly no irreparable harm to the Government. Instead, the public would have more confidence that our laws are being upheld. "

Continued:

http://www.scribd.com/doc/34383267/Berg-v-Obama-Appeal-Petition-for-Rehearing-En-Banc-and-False-Claims-Act-July-14-2010


TOPICS: Government; Miscellaneous; Politics; Society
KEYWORDS: berg; certifigate; naturalborncitizen; obama
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1 posted on 07/15/2010 1:20:01 PM PDT by rxsid
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To: LucyT; Fred Nerks; BP2; null and void; stockpirate; george76; PhilDragoo; Candor7; MeekOneGOP; ...
Ping!

"Atty Berg files "Petition for Rehearing En Banc" for Berg v. Obama and "False Claims Act" case."

2 posted on 07/15/2010 1:21:00 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Nachum; SunkenCiv

A Uniquie Approach in Certifigate:

BO Fraudulently Held Senate Seat / Holder has conflict of interest


3 posted on 07/15/2010 1:29:07 PM PDT by Arthur Wildfire! March (It takes courage to stay on Monster Ping. [Link in profile.])
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To: rxsid

What is the basis for the claim that Obama held the U.S. Senate seat fraudulently? That doesn’t require “natural born” status, does it?


4 posted on 07/15/2010 1:42:51 PM PDT by the_Watchman
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To: Arthur Wildfire! March

ONE guess as to who’s still commited to supporting TREASON!!


5 posted on 07/15/2010 1:43:55 PM PDT by Waco (From Seward to Sarah)
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To: Waco

How Obama got into Harvard [Jack Cashill]
http://www.wnd.com/index.php?fa=PAGE.view&pageId=158901


6 posted on 07/15/2010 1:57:46 PM PDT by Arthur Wildfire! March (It takes courage to stay on Monster Ping. [Link in profile.])
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To: the_Watchman
"What is the basis for the claim that Obama held the U.S. Senate seat fraudulently? That doesn’t require “natural born” status, does it?"

Berg, in his "false claims" lawsuit, claims Obama is not a United States Citizen and therefore, usurped the Office of U.S. Senator for Illinois and obtained payment from the U.S. Department of the Treasury based on his false statements that he was a U.S. Citizen and constitutionally eligible to serve the position of United States Senator.

Basically, Barry hasn't proven to anyone that he (Barry) was in fact born in HI (which would subsequently make him a "citizen" (but not a "natural born" citizen assuming Sr. was his legal father at birth) and therefore Constitutionally eligible to be Senator).

7 posted on 07/15/2010 2:14:43 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

bump


8 posted on 07/15/2010 2:24:48 PM PDT by tutstar
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To: rxsid; txnuke

RXSID: please add me to your “Natural Born Citizen” ping list. Thanks.

txnuke (thats me): Ping for later review.


9 posted on 07/15/2010 4:17:53 PM PDT by txnuke (Obama votes "PRES__ENT" because he has no ID.)
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To: rxsid

It’s becoming clearer every day that he can’t even prove born in HI much less NBC.


10 posted on 07/15/2010 4:36:46 PM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: the_Watchman
hat is the basis for the claim that Obama held the U.S. Senate seat fraudulently? That doesn’t require “natural born” status, does it?

It goes like this, if Obama was born in Kenya or in any other country besides the US, he is likely an illegal alien because his young mother could not have passed on her citizenship to him by law, therefore, he couild not become a US Senator. If he was naturalized, which is highly unlikely, he could not legally hold presidential office.

11 posted on 07/15/2010 5:17:21 PM PDT by Red Steel
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To: rxsid

Thanks, rxsid.

Fingers crossed that SOMETHING or SOMEONE can send him packing back to Kenya.


12 posted on 07/15/2010 5:22:00 PM PDT by azishot
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To: rxsid

Perhaps this will provide the right court the opportunity to head off the civil strife which will certainly result unless the Marxists are stopped. Evasion via “standing” may be harder since not everyone has been injured. Natural born citizenship is not at issue so the Supreme Court does not have to be involved, except in their capacity as an appeals court. It is still hard to see how particular injury can be shown.

Berg has always avoided natural born citizenship, raising my suspicions that he, a longtime Democratic operative, is executing a diversionary tactic, as Chester Arthur’s journalist apparently did, writing books and articles about Arthur’s supposed Canadian or Irish birth. Berg, it seems, has the burden of proof. The collusion of so many attorneys who may think they will benefit from socialism, along with the revolutionary guard which we call The Justice Department, make it unlikely that any evidence will ever be relinquished. Who is there to enforce the demand? We are close to the stage that only the military may be left to enforce the Constitution, and it is being dismantled as we speak.


13 posted on 07/15/2010 5:39:39 PM PDT by Spaulding
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To: Spaulding
Evasion via “standing” may be harder since not everyone has been injured.

I've decided the standing which requires some claim of past damage or injury cannot possibly be applicable to a case involving the eligibility of the President under the Constitution as the related provisions were intended to prevent future damage to the country and its citizens.

ML/NJ

14 posted on 07/15/2010 7:03:33 PM PDT by ml/nj
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To: rxsid

Phil Berg is a good guy. The public is getting sick of the Kenyan fraud. SCOTUS or some judge has to uphold the law.


15 posted on 07/15/2010 7:23:36 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: Spaulding

“Berg has always avoided natural born citizenship”

Go bakc to Berg’s first lawsuit, August 2008


16 posted on 07/15/2010 7:44:15 PM PDT by Polarik
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To: rxsid
I thought that a Qui Tam is mainly for whistleblowers to sue a government contractor on behalf of the government for fraud where there is a monetary issue.
17 posted on 07/15/2010 7:47:16 PM PDT by Polarik
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To: Frantzie
Phil Berg is a good guy.

No doubt that's why a judge ordered him to take a class in ethics.

18 posted on 07/15/2010 7:54:13 PM PDT by lucysmom (Trolling since 2001.)
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To: the_Watchman

Betcha the fraud claim has to do with one of his numerous, bogus SSN’s.

It might clear the path for Hillary- but I hope the electorate comes to their senses before any subsequent election.

‘This one’ has got to go.


19 posted on 07/15/2010 8:17:28 PM PDT by FreeStateYank (I want my country and constitution back, now!)
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To: rxsid

http://www.resistnet.com/forum/topics/obamas-real-long-form-birth?commentId=2600775%3AComment%3A2350638


20 posted on 07/15/2010 10:46:42 PM PDT by bitt ( "Obama - HeÂ’s last yearÂ’s boy band." (steyn))
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