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."
I do understand that this suit is designed to stop his nomination. Time is of the essence to the plaintiff. My guess is he’d be asking for a preliminary injunction against the nomination of Obama pending the outcome of his case. I doubt if he has sufficient evidence of Obama’s constitutional ineligibility for the judge to grant him such an injunction.
The Berg lawsuit was posted to www.pacer.gov this morning. You have to register to see it and give the Justice dept. a credit card number to view the docs at $0.08 per page.
I do not know if I can legally post the suit.
But, basically, the suit says Barry was born in Kenya. BTW, just about every other theory is included in the suit.
There is also a petition for a Temporary Restraining Order (TRO).
Interesting reading...
It has nothing to do with US law.It has everything to do with US law. Indonesia does not decide who is a citizen of the US. See the Hague Convention of 1930. Signed and Ratified. Valid, binding law in the United States.
Article 2Any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State.
That was my thought also. Only AFTER he is elected could a court decide he is not a “natural citizen” that would seem to follow some logic.
To retain his Indonesian passport he would have to renounce his US citizenship. THAT was Indonesian law at the time. IF he renewed his Indonesian passport, he could only do so by renouncing his US citizenship. WHAT is so hard to understand about that? It has nothing to do with the US as Indonesia is a sovereign country. The US does not control other countries citizenship laws.
To retain his Indonesian passport he would have to renounce his US citizenship.The only way to renounce citizenship is to go sit down at the Consulate and formally renounce it. I doubt he did that. The State Department automatically assumes that an American Citizen intends to keep their American citizenship even when becoming naturalized in a foreign country. Even if that foreign country requires "renouncing" it. It's considered as being under duress.
The US does not control other countries citizenship laws.And other countries do not control US citizenship laws.
How hard is it to understand that only US law can decide who a US citizen?
I DON'T doubt he might have done so as he himself admits to drug and alcohol use. He also admits to being mentored by a US hating commie, Davis.
Defending him rather vociferously, aren't you.
Defending him rather vociferously, aren't you.No. Just critical of this snipe hunt directed by Democrats.
There are plenty of other legitimate ways to beat him. This one is sucking all the oxygen out of the room.
Who has tried to speak to Obama’s grandmother and been denied? Also, why would she necessarily have his birth certificate in her hands. Neither of my son’s grandmothers have ever even seen my son’s birth certificate.
Thanks. That explains a lot!
Cordially,
Problem is, Sowell didn't write it, and it's a hoax - that statue does not apply to people born in the U.S.
I found a Snopes page packed with stuff on Obama, most of it hoaxes. It's amazing all the crap flying around the 'Net.
Personally, I am convinced there is so much about The Chosen One that screams a person should vote for McCain there is no need to even think about all this tin foil stuff.
Doubt if he can stop the Obama nomination politically unless Her Royal Thighness’ bunch is strongly behind this suit. Thus far there is no indication of that, although it wouldn’t be all that shocking if it became a hot topic in Denver next week.
11:45pm
I just learned that a hearing has been scheduled on the matter for 2:00pm today (8/22/2008). I have no further details at this time, though I know that the hearing is not open to the public.
It should be noted, though, that the judge assigned to the case—the Hon. R. Barclay Surrick—was appointed to the federal bench by President William Jefferson Clinton.”
http://www.americasright.com/2008/08/update-on-berg-v-obama-lawsuit.html
IMO, you should post that as a seperate thread.
THey don't know him
IF it is true that the DNC can choose whomever they want to run, WHY DO WE VOTE?????
The primary process is to choose delegates who go to the convention and choose who will run. They promise they are committed to a certain candidate.
OK - thanks ... but wouldn’t Obama have to prove his citizenship by showing his parents BC???? Haven’t heard anything about the lawsuit on any talk radio today (Rush, Hannity or Medved) .....
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