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Judge rejects Montco lawyer's bid to have Obama removed from ballot [Berg's lawsuit]
Philadelphia Daily News ^ | Oct. 25, 2008 | Michael Hinkelman

Posted on 10/25/2008 1:48:50 AM PDT by Dajjal

A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.

[snip]

In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.

Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."

[snip

Berg could not be reached for comment last night.

[snip]

(Excerpt) Read more at philly.com ...


TOPICS: Breaking News; News/Current Events; Politics/Elections
KEYWORDS: 0; 113; 122; 123; 139; 87; 91; antichrist; berg; bergvobama; birthcertificate; certifigate; citizen; citizenship; clinton; colb; colbaquiddic; dnc; fec; hawaii; hillary; indonesia; kenya; lawsuit; leftwingconspiracy; mccain; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; palin; passport; philberg; philipberg; puma; pumas; ruling; selfping; surrick
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To: Danae

DU? Sorry. Ya lost me there.


201 posted on 10/25/2008 9:20:13 AM PDT by Klepto
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To: Brian S. Fitzgerald
Buzz this
202 posted on 10/25/2008 9:22:45 AM PDT by sageb1 (Feminism is dead. Long live Palinism!)
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To: FTL
Wonder what the top military leadership is thinking about the implications of all this? One of Obama - Ayers top priorities will be to replace military leadership with their operatives. That is how it always begins.

The Dems want to cut the military budget 25%, and Obama and Biden are talking about a draft. Sounds like they want to decimate the professional military.

203 posted on 10/25/2008 9:23:52 AM PDT by Brian S. Fitzgerald
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To: Dajjal
Talk to every voter you know.
Tell them Obama is untested.
We have no idea what to expect except the most liberal views he has.

VOTE VOTE VOTE

We must be more powerful than Acorn!!!

204 posted on 10/25/2008 9:24:45 AM PDT by DaltonNC
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To: Klepto
Likely a governmental entity on behalf of the people, i.e the Attorney General, Congress, etc

Can a Representative or Senator issue subpeonas to obtain Obama's records, in support of their mandate to approve the Electoral College results?

205 posted on 10/25/2008 9:26:39 AM PDT by Brian S. Fitzgerald
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To: DB

That expresses my thoughts on it too. Since when do we not have a right to make sure a candidate is qualified to be president? I guess this judge is not only consulting European norms but mid evil ones at that, since he thinks we’re ignorant serfs.


206 posted on 10/25/2008 9:27:56 AM PDT by DoughtyOne (Is Obamanation what our founding fathers, our fallen men in combat, and Ronald Reagan had in mind?)
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To: Dajjal
They said that Berg's claims were "ridiculous" and "patently false," that Berg had "no standing" to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

(Intentionally?) sloppy wording. Surrick agreed with the "no standing" argument. He didn't appear to rule on the merits of the citizenship allegations themselves.

IOW, the judge basically ruled that no citizen or group of citizens has the legal right to question the qualifications of a U.S. presidential candidate. It's a "Just WHO do you think you are?" ruling.

I've asked this before, and I haven't seen the answer yet: Who does have standing for such a complaint?

207 posted on 10/25/2008 9:28:09 AM PDT by Constitutionalist Conservative (The Global Warming Heretic -- http://AGW-Heretic.blogspot.com)
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To: Brian S. Fitzgerald

Yes, pursuant to Senate rules and an investigation. However, and I am not an expert on Senate rules, I believe it would need to be approved by the appropriate committee. I do know a lone Senator can’t issue subpoena’s. I mean they can certainly ask, and all Senators request “things” all the time but it’s unenforceable.


208 posted on 10/25/2008 9:29:23 AM PDT by Klepto
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To: Klepto

Wow, Klepto,

That certainly does make sense, and thank you for sharing your insight.

I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.

Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!


209 posted on 10/25/2008 9:29:54 AM PDT by casinva
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To: NoGrayZone
We The People have lost our Free Republic.

We haven't lost anything yet if enough voters keep hammering at the politicos and media to get this mess straightened out NOW before we carry another constitutional crisis into the next term, the first one centering around Billy boys impeachment.

210 posted on 10/25/2008 9:30:20 AM PDT by jetson
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To: Klepto

You may be saying it, but it’s the system is not working.


211 posted on 10/25/2008 9:30:57 AM PDT by Red Steel
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To: casinva

Oh I’m with ya Casinva. Totally with ya. And thanks so much for the kind words! Have enjoyed my new adventures here and everyone has been more than kind. Thanks!


212 posted on 10/25/2008 9:31:55 AM PDT by Klepto
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To: Red Steel

Yeah, it is what it is and while in many instances it works well, there are certainly a good number of instances (this being one) where it is utterly screwed up.


213 posted on 10/25/2008 9:33:09 AM PDT by Klepto
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To: Klepto

Wow, Klepto,

That certainly does make sense, and thank you for sharing your insight.

I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.

Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!


214 posted on 10/25/2008 9:33:20 AM PDT by casinva
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To: Klepto

Never mind. I was being insulting. I apologize, I am very upset right now and I took it out on you. My apologies.

If “We the People” don’t have standing to challenge the qualifications for President, then who does? The States? A congressman? Is that what we have to do? Force the Minority Whip and the Senate Minority leader to bring suit in SCOTUS? Is that what we have to do?

If the Consitiution is not a document that we that people can DEMAND be enforced, then we are lost.


215 posted on 10/25/2008 9:33:40 AM PDT by Danae (Obama = Trickle up Poverty. Don't like it, get ready to be"reeducated" into it if he is elected.)
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To: sam_paine

So come Nov. 5 if the winner is ruled ineligible to hold office do we have a rerun or does the candidate in 2nd place take office in Jan?


216 posted on 10/25/2008 9:38:50 AM PDT by CRBDeuce (here, while the internet is still free)
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To: sam_paine

So come Nov. 5 if the winner is ruled ineligible to hold office do we have a rerun or does the candidate in 2nd place take office in Jan?


217 posted on 10/25/2008 9:38:56 AM PDT by CRBDeuce (here, while the internet is still free)
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To: casinva

Sorry for the double post. My bad.

Hey guys, at least I’ll admit to a “bad” when I do one! That is better than many politicians! LOL

Glad you are getting something in return from your time at Free Republic, Klepto!


218 posted on 10/25/2008 9:39:35 AM PDT by casinva
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To: Diamond

If a state has standing then Oklahoma or Alabama ought to file.


219 posted on 10/25/2008 9:40:40 AM PDT by Gemsbok (Will the real Barry Dunham, Barry Soetoro, Barack J. Obama, Barack Husein Obama...please stand up?)
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To: Danae

If the “Go back to DU” was a reply to me, I didn’t go to DU ~ I went to Stanford. My child graduated from Duke...in ‘07.

And all I am saying is that Mr. Obama has a birth certificate which he has, at some point in his life had to produce to obtain some other form of identification. Does Mr. Obama have a US Passport? If so, what ID was produced to obtain that? I’m thinking it was either a US birth certificate or naturalization papers. That record exists somewhere. I suspect more than one someone has discovered it.


220 posted on 10/25/2008 9:41:50 AM PDT by Dukie07
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