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TRO Denied; Obama Can Still Run -- For Now
Lowering the Bar. Legal Humor. Seriously. ^ | August 26, 2008 | Kevin Underhill

Posted on 08/26/2008 10:22:55 PM PDT by Kevmo

TRO Denied; Obama Can Still Run -- For Now

The Obama campaign is probably breathing a sigh of relief now that the motion for temporary restraining order sought by Philip J. Berg, Esquire, has been denied. Berg, who says he is a Democrat (and presumably a Clinton supporter), filed a lawsuit last Thursday in the Eastern District of Pennsylvania against Obama, the DNC and the FEC, claiming that Obama can't be president because he isn't a "natural born Citizen," as required by Article II, Section I of the Constitution. Berg also immediately sought a TRO to "put a stop to Defendant Obama's fraudulent campaign scheme."

Berg is a Pennsylvania attorney who is acting pro se. While the skepticism that usually attaches to pro se plaintiffs may not be justified, generally speaking -- except that it is -- Berg did not help his credibility by referring to himself under "Parties" as "Plaintiff, Plaintiff, Philip J. Berg, Esquire [hereinafter "Plaintiff"] . . . ."

First, it is usually possible to figure out who the plaintiff is in a lawsuit without that kind of bracketed help, especially when he has called himself that twice already in the same sentence. Second, Plaintiff Plaintiff Berg, you're suing a presidential candidate on the eve of the nominating convention and you couldn't take a second to proofread the sentence with your own name in it? Please.

Obama -- or, as Berg calls him, "Defendant Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a Barack Dunham, a/k/a Barry Dunham [hereinafter 'Obama']," is running for president. But he can't be president, according to Berg, who charges that Obama is not a "natural born citizen" because, "just to name one of the problems," he "lost his U.S. citizenship when his mother married an Indonesian citizen" and the family moved there. Just to name two of the problems with that argument, (1) it concedes that Obama had U.S. citizenship to lose, and (2) you don't lose citizenship just because your mom marries a non-citizen, even if you move. Berg did not cite any support for this point, though he did set it forth in bold underlining, which is almost as good.

For the most part, Berg just raises "questions" about Obama's birthplace (Berg claims it was Kenya) and citizenship, and then charges that Obama "has refused to prove" he is qualified to run. The complaint concedes that Obama has posted a birth certificate on his website, but, Berg says, "as posted all over the internet," that is a forgery. And as we should all know by now, anything posted all over the internet must be true.

The complaint includes three counts: (1) violation of Article II, Section I of the Constitution; (2) "dual citizenship," and (3) fraud. Berg concludes, "For the above aforementioned reasons, Obama needs to immediately step down and withdrawal his candidacy for Presidency."

What is especially amusing about all this is that, as Berg may or may not know, the other guy in the race has the same problem, if it is a problem. John McCain was not born in the U.S. -- he was born in the Canal Zone. There is no question that he is a U.S. citizen. But Article II doesn't say "citizen" -- it says "natural born Citizen." And, it seems, nobody really knows for sure what that means. Barry Goldwater had the same problem (he was born in the Arizona Territory), as did Mitt Romney's dad, George, who was born in Mexico. They weren't disqualified from running, despite the legal uncertainty about the term. George Romney's opponent apparently did insist on calling him "Jorge," but that's the worst that has happened so far.

Obama's "campaign scheme" can go forward, at least for now, because the motion was denied after a hearing on Friday. Sadly, a transcript of that hearing does not yet seem to be available, but the pleadings (downloaded from the court via PACER) are posted below.

Link: iReport.com (Flash required) Link: Complaint in Berg v. Obama (PDF) Link: Motion for TRO in Berg v. Obama (PDF) Link: Order Denying TRO in Berg v. Obama (PDF)

August 25, 2008 in Constitutional Law, Elections & Voting, Fool for a Client | Permalink

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TOPICS: Constitution/Conservatism; Extended News; News/Current Events; Politics/Elections
KEYWORDS: birthcertificate; certifigate; judiciary; lawsuit; obama
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To: Dajjal

Thanks for the update.


41 posted on 08/27/2008 3:49:56 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: kabar; Kevmo
We do know that there is a contemperanous birth announcement in an Hawaiian paper.>>>>>>>>>>>>>>>

Do you have proof of this?

News archives are easily fabricated, and there was motive, opportunity , and created time to do so.

Not really contemporaneous either.

Obama has a US passport, which is ipso facto proof of citizenship.>>>>>>>>>>>>>>>>>>>>>>>>>>>

The State of Hawaii cannot delegate prove of birth to the State Department Passport service:

"Delegata potestas non potest delegari"

"Ipso facto" in this case is a laughing stock.

"natural born citizen of the US" is in the hands of a state Hawaii Dept. of Vital Statistics. And they have redacted the CB serial number, the one thing they couldn't change easily.

As a matter of course any copy of a genuine CB has the serial number shown, its part of the necessary bona fides of the document. Without it the document means , as you say" Bat sh_t."

42 posted on 08/27/2008 4:02:42 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing, (Ridicule Obama))
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To: Dajjal; wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; ...
08/27/2008

Obama document motion denied

A motion to file a restraining order preventing Sen. Obama's Presidential run was denied today. The suit has not been dismissed and lawyer Phil Berg is continuing legal actions. Check back here for the full story tomorrow and in the print edition of The Times Herald.

That's all of it.

43 posted on 08/27/2008 4:12:33 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: neverdem; Calpernia; Rushmore Rocks; null and void; pissant; Fred Nerks; PhilDragoo; george76

Thanks, neverdem.

Ping.


44 posted on 08/27/2008 4:26:55 PM PDT by LucyT
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To: kabar

Will that tin foil hat bother the helicopters that keep flying over my house? lol


45 posted on 08/27/2008 4:30:56 PM PDT by sweetiepiezer (Osama and Obama both have friends that have bombed the Pentagon.)
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To: neverdem; LucyT
Note that the issuance of a TRO or injunction is an extraordinary remedy, and very difficult to obtain.

The applicant needs to show irreversable damage being likely if the subject activity continues. Berger could not prove that because, the matter can be handled later by the electoral college, should Obama win the election.

We already have the ground laid for another " they cheated " moment.

You can bet that Republican Party operatives have been to Hawaii already, and have the genuine serial number on the redacted CLB produced by the State of Hawaii Dept. of Vital Stats.If that number leads to a dead man, they have all they need to try and prevent Obama from becoming the next president of the USA , if he is elected.

I do not believe Obama had a valid CLB from Hawaii, simply because he travelled abroad on an Indonesian passport after attaining the age of majority. If he had a valid CLB, it would have been a lot easier to obtain a US passport. Do you know how expensive and difficult it is to get an Indonesian passport when not physically resident in Indonesia, applying from the USA to Indonesia or at an Indonesian consulate? Indonesia would ask for a CLB from Indonesia. They likely got one too.

Thats the kicker folks. And something stinks in Denmark AND in Hawaii.

46 posted on 08/27/2008 5:36:14 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing, (Ridicule Obama))
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To: neverdem
08/27/2008
Obama document motion denied

Thanks! Just gave it its own thread.

47 posted on 08/27/2008 6:20:00 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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To: Candor7
Do you know how expensive and difficult it is to get an Indonesian passport when not physically resident in Indonesia, applying from the USA to Indonesia or at an Indonesian consulate? Indonesia would ask for a CLB from Indonesia.

I'd assumed that the Indonesian passport Obama used to travel to Pakistan circa 1980 was simply the same one mommy had got for Barry when they left Jakarta so she could leave him with the grandparents in Honolulu.

48 posted on 08/27/2008 6:25:17 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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To: Dajjal
It raises the question, did Obama have a CLB from Indonesia?

He may have been born in several places.

The messiah has the multiple immaculate reception miracle at his command?

This whole issue is rather bizzarre.

If he had a US CLB from Hawaii, he would have easily and quickly gotten a US passport from any US Embassy, Consulate, or Passport office in the USA.

Why not? Seems like they went to a lot of trouble to avoid getting a US passport otherwise.

49 posted on 08/27/2008 6:58:19 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing, (Ridicule Obama))
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To: Kevmo
Kevmo, I kind of which you has made it an except by posting only a few paragraphs of it, and then a link to it.

This is old news, dated August 5. Dr. Neil Krawetz is a hack, who doesn't know his asterisk from his elbow about scanner mechanics, laser printing, and image graphics. The only difference between him and Koyaan is the "Dr." which he probably won on Ebay.

Unfortunately, TechDude WAS a liar and WAS a fraud who fabricated nonexistent evidence, so I cannot argue with them on that.

50 posted on 08/27/2008 7:07:59 PM PDT by Polarik ("The Greater Evil")
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To: Candor7
Why not? Seems like they went to a lot of trouble to avoid getting a US passport otherwise.

Regarding Pakistan, the theory I read was that circa 1980 they were Soviet allies, and the State Department either had a warning or a prohibition against Americans going there. Ergo BHO used an Indonesian passport because it facilitated travel.

I would add that it would require time and money to apply for a US passport, so if he already had an Indonesian passport obtained years earlier in Jakarta, using it might just have been the easier thing to do.

51 posted on 08/27/2008 7:12:06 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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marked 2 read later


52 posted on 08/27/2008 7:15:44 PM PDT by Freedom2specul8 (Please pray for our troops.... http://www.americasupportsyou.mil/)
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To: Polarik
"TechDude WAS a liar and WAS a fraud who fabricated nonexistent evidence, so I cannot argue with them on that."

What are you claiming TechDude lied about?

What non-existent evidence did he fabricate?

Why do you say TechDude was a fraud?

53 posted on 08/27/2008 7:19:41 PM PDT by bvw
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To: Dajjal
From what I could see, there were no travel restrictions to Pakistan for Americans in 1980. Pakistan was an ally of the USA against the Russian invasion of Afghanistan.

Obamas continued use of an Indonesian Passport after attaining the age of majority is a rather curious phenomenon, all the more curious because no statement has been made in relation to it by any campaign spokesperson.

As an aside, if he had a US passport, his travels to Pakistan would have been likely historically traceable. The use of the Indonesian one gives complete untraceability.

Very interesting indeed.

I simply do not believe he had a valid LBC at the time from Hawaii.

54 posted on 08/27/2008 7:44:05 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing, (Ridicule Obama))
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To: Kevmo

Dr. Neal Krawetz is a hack, as bogus as theCOLB imae, with zero credibility. He, like Koyaan, thinks that cursing at me makes his comments seem more valid.


55 posted on 08/27/2008 7:58:54 PM PDT by Polarik ("The Greater Evil")
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To: Candor7
Yeah, the Pakistan "travel restrictions" is another one of those "some people on the internet say" stories.

I agree on the fishyness of both using an Indonesian passport as an adult, and the lack of explanation by the campaign.

If he has a valid Hawaiian birth certificate, I'd like him to show it to some objective authority, like a judge or the several secretaries of the 50 states.

56 posted on 08/27/2008 8:05:46 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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To: Kevmo
Krawetz, a Ph.D. in Computer Science and author of two computer books, challenged Polarik’s analysis because “he focuses on pixel-based qualitative analysis rather than quantitative analysis and technical evaluation methods. Moreover, he uses no terms common to the field.”

Whoop-de-doo. Did it ever occur to people that you can get a degree in computer science and NEVER, EVER deal with image analysis?

Can you say, "Computer Programming?"

Can you say, "Database Management?" <

I'd like the 'Puter Doc to show me some of those "scanner artifacts" that he and others claim produced the pixels I found between the letters. He can't because they do not exist.

Krawetz went to the same School of Swear Words that Koyann attended. He, like the other K, think that if you inject some pithy euphemisms for excrement, you can make your comments sound more valid.

Puh-lease...give me a break

57 posted on 08/27/2008 8:07:35 PM PDT by Polarik ("The Greater Evil")
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To: Polarik
Krawetz, a Ph.D. in Computer Science and author of two computer books, challenged Polarik’s analysis because “he focuses on pixel-based qualitative analysis rather than quantitative analysis and technical evaluation methods. Moreover, he uses no terms common to the field.”

Oh, I forgot to say, "Which part of counting green pixels within a pixel grid within a fixed pixed grid is NOT quantitative?

Dr. K. told Dr. P (that's me) that he used Principle Components on the image. Little did he know that I have a Masters in Statistics as I proceeded to punt his PC right out the door.

58 posted on 08/27/2008 8:21:15 PM PDT by Polarik ("The Greater Evil")
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To: Polarik

Kevmo, I kind of which you has made it an except by posting only a few paragraphs of it, and then a link to it.
***When you’ve been around as long as I have, you start to develop quirky habits. One of them is that I copy & paste as much as I can get my hands on because those links go down. Free Republic has outlasted all of the other sources for information. We are creating history here, and embarrassing evidence for the other side has a tendency to vanish.

Unfortunately, TechDude WAS a liar and WAS a fraud who fabricated nonexistent evidence, so I cannot argue with them on that.
***Can you please elaborate on that? Did any of it involve the finding that Obama’s sister Maya had her name on the original document over at FightTheSmears?


59 posted on 08/27/2008 8:21:27 PM PDT by Kevmo (A person's a person, no matter how small. ~Horton Hears a Who)
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To: Polarik

Unfortunately, none of what you just wrote in that post makes much sense to 95% of readers. The prize goes to the guy who can bring that kind of material down to bite-size chunks that normal people can understand. Just a hint, for when you write that book of yours... ;-)


60 posted on 08/27/2008 8:25:20 PM PDT by Kevmo (A person's a person, no matter how small. ~Horton Hears a Who)
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