Posted on 08/21/2008 5:00:24 PM PDT by 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."
how do we know this for sure? Was it that Pakistan wasn’t allowing folks to travel under US passports?
Same here.
I’m not sure, myself. However, there is some evidence to that effect. It doesn’t matter what reasons there were, re use of the Indonesian passport.
I’m just trying to verify that there is an Indonesian passport. How do we know it existed?
He was 19 or 20 when he made the trip, IIRC. Thus, if he did travel on the Indonesian passport, it's likely it was issued before he was 18, which would mean any revocations would be ineffective.
I’m not defensive, I’m just asking legitimate questions. I’ve tried to follow these threads as best I can, but all I’ve seen is heresay and supposition by bloggers. And there are posts on this same thread asking the same questions that I am. The post after yours, for example. I just don’t see how some people on israeliinsider.com or texasdarlin who don’t even use their real names and have not shown any credentials are being cited as experts.
And there isn’t even one theory — he’s either born in Hawaii and adopted, or born in Kenya, or born in Canada. It just doesn’t make sense to me. How can a handwritten school form determine someone’s citizenship? When my son entered school I could have said he was Indonesian, too. That just isn’t evidence of anything at all. And I’ve never heard that he was adopted. If he was, I would like to read more about it. I’m reading the Jerome Corsi book, which goes into a lot of detail on Obama’s time in Indonesia, and he doesn’t say there was any adoption.
I’m just look for credible evidence of these charges.
If his mom is an American, than born anywhere, he is an American.Not true. See this note entitled "Acquisition of U.S. Citizenship By a Child Born Abroad" on the State Department's website.
Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.If he was born in the United States then he is automatically a citizen. Probably a "natural born" one at that....
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
As of 11:30pm EDT the complaint is not in the Court’s PACER system.
Don’t hold your breath.
Even setting aside the attorney’s being a full-fledged lunatic (and 9-11 truther), the Court will (1) deny the request for injunctive relief out-of-hand, and (2) either immediately, or with a day or two, dismiss the complaint.
Period.
Why waste so much time and effort on nonesense. Let’s leave the kookiness to the Dems, eh?
Ping!!!
>>>I predict this will go nowhere.
Look: As much as i would love something like this to have traction, it won’t.
The lawyer involved is fruitcake. Anyone (if there is anyone) who follows him is lost.
Its enough to know that he’s a 9-11 truther.
Beyond that: NO federal court is going to get itself embroiled in the goofiness that the Hunt for Obama’s Citizenship has become.
There are endless serious, solid and legitimate bases for upon which Obama can be easily beaten at the polls, why pursue these off-the-wall, somewhat mentally ill theories. THAT is the territory of the Far Left.
Please don’t let their insanity (and inanity) infect others.
There’s been very credible stuff posted. It’s been all over FR. Do a search. And as you see, I’m not the only one that’s suspicious.
Probably still on the scanner glass, unless they've wiped it off.
The new images really only bring this analysis incrementally further along. The fact is, these birth certificate docs are insecure and potentially forged. The only way to be sure is for BHO to authorize the State of Hawaii to affirm the truth of the facts asserted in the document directly and officially and to release any supporting info (such as the original BC?) they have in their possession.
What you say is true, but probably irrelevant. Berg is probably just trying to stir up additional doubts that Obama can win prior to the convention, and an eventually-invalid case is irrelevant to that end, unless it is resolved legally before th e convention, which is very unlikely.
I have looked all over FR for information on this adoption, for example. I haven’t seen anything but posts by FR members. I haven’t found a link to an article or anything like that. That’s why I’m asking. And I’m certainly not the only one here who has questions about these charges.
-PJ
“natural born”?
So what does that mean?
What is un-natural????
obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);You forgot the rest of (Sec. 349 (a) (1) INA).
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.