Posted on 10/25/2008 12:55:00 PM PDT by Kukai
Newsmax reports that U.S. District Judge R. Barclay Surrick has dismissed the complaint by Philip Berg challenging the eligibility of Barack Obama for the presidency. The document has not yet been posted to the Justia.com site, so we cannot directly quote it, but Newsmax writes:
Surrick issued a 34-page memorandum and opinion that said the claims were "ridiculous" and "patently false." He also said Berg's effort to pursue his claim regarding Obama's citizenship were "frivolous and not worthy of discussion."
Newsmax also links to a photo of a genuine Hawaiian certificate of live birth in the same year as Barack Obama's claimed live birth in Hawaii and notes:
In addition to naming the hospital and more details about the baby, the 1963 vault copy also includes the "usual residence of the mother," and the "usual occupation" of the father. None of this information appears on the 2007 Live Birth certificate produced by the Obama campaign.
Furthermore various critics, including Newsmax have wondered at the designation of the father's race as "African" on the ostensible Obama certificate of live birth. In 1963, the common practice was to designate the race of people of African origin as "Negro" or "Colored".
Berg is appealing the decision.
If anyone can show me where Obama has been asked to prove he is a "natural born citizen" of the United States and done so, I would be grateful. So far as I know, no official body has received such proof in the form of an officially generated and certified Hawaiian certificate of live birth. Please use the comments section.
Update: Further commentary and some quotes from the judge's decision at America's Right.
The Democratic Party is firmly behind Obama. They are complicit in the event of any misdeed.
Nothing to see here, move on to next calamity.
New name on short list for judicial appointment to the third district?
“It is more then the dems that are behind Obama. It is an evil force that is allowing this to happen which is beyond our mortal comprehension.”
I’ve read where Hitler got his power from the occult and Satan. I truly believe that the Marxist is doing the same thing.
The Ohio case about HAVA discrepancies filed by the state GOP was dismissed because the party, not being a voter, did not have standing. At least one of the discussions about the Berg dismissal had the judge saying Berg, a voter, did not have the standing to file. At the 15,000 foot level, this seems contradictory. Both of these cases were before the Federal bench so I'd expect the same standard to apply. Who can be the plaintiff in a case about our voting franchise?
This does sound suspicious. I suppose enough money in the hands of the right people could produce this certificate. I commend Philip Berg for his effort, but I suppose the veracity of the cert is now unchallengeable, especially since the Democrats and the entire MSM are determined to keep the issue from receiving any attention.
Meanwhile we are full steam ahead to punish Governor Palin for firing an insubordinate employee.
That does not sound like a judicial decision to me. It sounds like a personal opinion. The law does not speak in those terms. This man sounds incompetent. JMHO.
Clinton appointee.
I was listening to Berg on the Michael Savage show and while he said this judge was a Clinton appointee, he was also a lifetime republican. Go figure...
I don’t think this will be over even if Obama wins (unlikely). If he becomes President elect, the issue can be pursued to prove Obama is not a natural born citizen and prevent him taking the oath of office as President.
If Obama’s lack of qualification is proved before the Electoral College meets, there would even be a possibility that McCain/Palin would be elected. Of course, that would mean rioting, and perhaps race war or civil war.
I wonder if Obama will say after the election, “Guilty as hell, free as a bird, America is a great country!”
In addition to naming the hospital and more details about the baby, the 1963 vault copy also includes the "usual residence of the mother," and the "usual occupation" of the father. None of this information appears on the 2007 Live Birth certificate produced by the Obama campaign.
I think this is meaningless on the part of Newsmax.
A COLB is a notarized document issued at any time after the fact that reflects the content of the original Birth Certificate. The format and appearance of a COLB can change over time. The one that Newsmax shows next to Obama's was probably issued 40 years ago, If that same person ordered a COLB today, it would look like Obama's, So the comparison of the two is irrelevant.
Having said that, the document on the Obama website is a crude forgery.
Thanks be to GOD who will in the end TRIUMPH over evil!!!
The Ohio case about HAVA discrepancies filed by the state GOP was dismissed because the party, not being a voter, did not have standing. At least one of the discussions about the Berg dismissal had the judge saying Berg, a voter, did not have the standing to file. At the 15,000 foot level, this seems contradictory. Both of these cases were before the Federal bench so I'd expect the same standard to apply. Who can be the plaintiff in a case about our voting franchise?"
Semi-facetious answer: You don't have standing if you are a mortal, particularly a Republican or Conservative who opposes The One - Obama.
One of the growing casualties of the divisions in the USA is the politicization of the judiciary. More and more the law is what an activist judge says it is, not an impartial, dispassionate uniform reading that would be the same regardless of judge. When the people lose faith in the law, we lose one of the foundations of our country.
This result was predicted and predictable. However, I wonder why it took the verbose judge to opine for 34 pages about a “patently false” and “ridiculous” claim. It seems such a conclusion could have been framed more succintly.
Assessing the truth or falsity of a claim is not within the purview of deciding a motion to dismiss. It appears to be overkill by the DhimmoRat judge.
But as they say, if at first you don’t succeed...APPEAL!
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