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To: hennie pennie

It matters because it’s not going anywhere.

I read the thing and it is a mess of poor construction, faulty logic, false conclusions, and poor legal reasoning.

The underlying idea in this case is not that Obama fails to meet the constitutional requirements of a natural born citizen. It argues that he is an ILLEGAL ALIEN. Without proof.


21 posted on 02/18/2010 6:18:43 AM PST by MrRobertPlant2009
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To: MrRobertPlant2009
Looked through it. You're right. It's going nowhere.

Short version: “Appellant believes a lot of stuff. Why isn't that good enough to do something?”

I'll give him points for originality though. Obama is an illegal alien who couldn't serve as Senator.

22 posted on 02/18/2010 1:57:45 PM PST by tired_old_conservative
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To: MrRobertPlant2009
In case you didn't know, here's the bio on Mr. Berg:

Berg has involved himself with several controversial political cases. In 2001 he demanded the disbarment of U.S. Supreme Court Justices Sandra Day O'Connor, Antonin Scalia, and Clarence Thomas due to their participation in the case Bush v. Gore.[2] In 2004, Berg filed a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit on behalf of a World Trade Center maintenance worker against President George W. Bush and others alleging that the Bush and certain government officials conspired to bring about the September 11, 2001 attacks on the World Trade Center.[3] The federal district court dismissed the suit. He challenged President George W. Bush on his right to conduct a war against terror and another against Saddam Hussein with only a congressional authorization.[4]

Berg was successfully sued for legal malpractice by former clients on whose behalf Berg had neglected to file a response to a complaint in an ERISA lawsuit, resulting in a default judgment being entered against the former clients. Berg responded by bringing into the malpractice suit the plaintiffs in the ERISA action on a claim of fraud upon the court. The ERISA plaintiffs moved for summary judgment—which was granted after Berg failed to respond to the motion—and then moved for sanctions against Berg. Berg again failed to file a response.

On June 2, 2005, U.S. District Judge J. Curtis Joyner granted the motion for sanctions, finding that the fraud claim was “was inadequately pled, not grounded in fact, time-barred, and utterly irrelevant to the pending malpractice action against him.” Observing that an attorney's signature on a complaint constitutes, among other things, a certification that the signer has conducted a reasonable inquiry into the grounds for the claim asserted, the court further found that “even the most limited investigation would have revealed that [Berg] had no standing to raise such a claim.” The court also found that Berg's claim was motivated by a “desire to harass” and “delay litigation.” The court fined Berg $10,000 and ordered him to attend six hours of ethics training.[5][6]

While Berg is often referred to as the former “Deputy Attorney General” of Pennsylvania, he was merely one of many such deputy attornies general; indeed at the lowest level, Deputy Attorney General I, Berg's level, there were more than forty such office holders.

23 posted on 02/18/2010 2:45:15 PM PST by tired_old_conservative
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