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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First of all, I never trusted TechDude from the start and was suspicious of some of his claims, including the Hollywood-like "dead rabbit" in the mailbox trick, but I kept my thoughts to myself because Texas Darling and I are friends, and I did not wish to embarrass a friend who had trusted TechDude.
I did, however, tell Texas Darling not to trust him.
Now that the Israel Insider gave TechDude the boot for not doing what he promised he would do, it was now time for me to tell what I know.
TechDude's research was a house of cards build upon his claim of receiving several image and paper COLB's from the years 2001 to 2003, and 2006 to 2008. When I saw his 2001-03 collection, I recognized them right off the bat as rehashes of the only existing COLBs on the Internet, such as those belonging to PD, Tomoyasu, and Smith.
This is also the reason why Techdude did not present any COLBs from 2004 & 2005 -- because none existed online.
TechDude went on to say that 2006 and 2007 COLBs had borders that were identical to Michele's 2008 border. TechDude figured that nobody had ever seen what a real 2006 and 2007 COLB looked like, and his claim would go unchallenged.
He was dead wrong.
I received two real 2007 COLB images, and not only did they NOT have the same border as 2008 COLBS, they also bore a striking resemblance to the border on the 2007 Obama COLB image.
If ever there was a "smoking gun" to his deceit, this was it.
I should also like to add that I tried using his methodology (and mine) to look for any traces of Maya Soetoro, but found nothing -- which was as expected because I had already postulated six weeks ago that the existing text has been covered up with pieces of the background, thereby obliterating any of the previous text.
He also stole ideas from me when he went public on Atlas Shruggs with his "Exclusive." That upper-left border comparison was in an image I sent to him.
It sucked to sit on the sidelines while TechDude was sgetting all the accolades, and it also sucks now, because since the arguments raised against his research are now validated, it casts a pall on mine -- even though I stand behind everything I've done, and have never resorted to any tomfoolery to prove a point.
My critics will disagree, but only because they cannot refute them.
Thanks for the ping!
Chain of custody -- have to find out and verify when the subject got the CoLB.
All this hookiness comes about because nether Hawaii nor Obama has been interested in getting the whole truth out in a way that answers honest questions as to the CoLB's validity.
That would have been certainly a lot easier than all the smoke and mirrors the campaign has put out there on the issue.
Its a piece of paper which can be photographed and posted, but that has not been forthcoming. My bet is that Obama does not have a valid US CLB, and that what he does have is a forgery.
Not dismissed — yet. Thanks neverdem.
Actual Order:
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION : NO. 08-cv-4083
PHILLIP J. BERG, ESQ : Plaintiff,
v.
BARACK HUSSEIN OBAMA, et. al. : Defendant.
ORDER
AND NOW, this 22nd day of August, 2008, upon consideration of Plaintiff’s Motion for a Temporary Restraining Order, (Doc. No. 2), and after a hearing in open court, it is
ORDERED that the Motion is DENIED.
IT IS SO ORDERED.
BY THE COURT:
_______/s/______________
R. Barclay Surrick, Judge
That would have been certainly a lot easier than all the smoke and mirrors the campaign has put out there on the issue. Its a piece of paper which can be photographed and posted, but that has not been forthcoming. My bet is that Obama does not have a valid US CLB, and that what he does have is a forgery.
***The fact that it has not been produced to such a neutral party for examination is very telling. He spent a whole week in Hawaii, and now he’s probably frantically trying to get a good forgery that will pass muster with the court so that this case can get thrown out. Contrast that with McCain’s birth certificate, which has never been accused of being a forged item. Even if we never get this lawsuit to move forward, we have caused his campaign a lot of damage.
Its interesting that Obama hides his personal documentation just like Kerry refused to release his military service records. Kerry went around embellishing himself so much,and when he attacked the "Swiftboaters" for their revelations in " Unfit for Command" , they simply said , release you docs then. Kerry refused, and his bid for the presidency was lost.
Here , if we press on, the same thing will happen. We keep drawing attention to the inconsistencies in his documentation and conduct to being a natural born US citizen, Obama will then counter attack. And again we can say, why not solve this my the simle release of your birth records, with a public re;ease of your Hawaii CLB?
Obama won't do it, because the serial number on Obama's CLB is bogus, likely taken from a person who had died around the same time that Obama was born. It's interesting that the Hawaii Dept. of vital statistics redacted the number.From Hawaiis point of view, the state does not want to admit that their CLB system is insecure, but what few people know is that it has been nsecure for 5o years or so. Japanese folks who illegally immigrate to Hawaii have been getting false CLBs from the State of Hawaii for a very long time,by fabricating their DOB info, and then checking the death records for native Hawaiians born around the same time, and lifting the serial number off their CLB and ribing someone within the Dept. to issue a forged CLB.
There was a massive migration to Hawaii from Japan after WWII. This system of forgery was extensively used then and is very much in place today. All you needed was a couple of hundred bucks and the job was done.z
Now the MSM knows ALL this. And they mean to bury this story and not make the mistake they made with Kerry's issue by covering it. But the internet is full of the CLB story. We even have long term counter operatives from the DNC right here on FR, posting things like " You have no proof" "This is mere speculation."
No the problem is simply that Obama will not make his CLB available to the public.And in that we are on the winning curve and need to keep making noise.
Berg is actually helping us to do that.
Why doesn't Obama release his full unredacted CLB. McCain did?
No Obama is hiding something, and that is likely a forged CLB.
You can lose US citizenship a number of ways, even if you have it as a natural born citizen.
One of those ways is to vote in a foreign election.
Obama has citizenship in Indonesia, and also in Kenya.Chances are he was born in one of the two.
And then all those affirmative action goodies showed up, and he needed a way to get at them.
Hawaii has a corrupted vital statistics system. The Japanese have been rifling it for years and using bribes to get CLBs for illegal aliens entering Japan from Hawaii.A lot of dead people in Hawaii have their CLB serials being co-opted for reuse.
Obama has citizenship in Indonesia, and also in Kenya.Chances are he was born in one of the two.
Speculation without any proof. Obama does hold a US Passport, which is proof of citizenship. That's a fact. Somehow, he met to burden of proof to acquire that document. You are speculating that he did it with a forged document.
Hawaii has a corrupted vital statistics system. The Japanese have been rifling it for years and using bribes to get CLBs for illegal aliens entering Japan from Hawaii.A lot of dead people in Hawaii have their CLB serials being co-opted for reuse.
Can you cite any specific and noteworthy examples to support that assertion?
Can you cite any specific and noteworthy examples to support that assertion?>>>>>>>>>>>>>>>>
no problem:
Hawaii has had ethnically driven culture of ID forgery problems for generations. All you need is some bribery money.
Posted on: Friday, December 3, 2004
State-of-the-art fake-ID ‘factories’ uncovered
• Minimize your risk
By Peter Boylan
Advertiser Staff Writer
State and federal law enforcement officers have uncovered four of the largest and most elaborate fake-ID “factories” ever on O’ahu and are urging the public to safeguard personal information for the holiday season, the perfect time for thieves to steal identities.
“Hawai’i is ripe for the pickings,” said Capt. Ed Nishi, head of the Honolulu Police Department’s Property Crime Division. He spoke at a news conference yesterday. “People see this as an easy way to make money. This is the crime of choice right now.”
The four “fraud factories” were found by patrol officers and detectives with the Honolulu Police Department’s financial crimes unit in Waikiki hotel rooms and other locations in Waikiki and the downtown area during October and November. Based on the evidence recovered from the sites, police said that hundreds of people were victims.
Police said they are working to determine if the four sites were independently run operations or if they were working together.
“There was just so much stuff (evidence from the four sites) that we are still sifting through,” said Lt. Pat Tomasu, head of HPD’s Financial Fraud Unit.
Each factory was equipped with laptops, scanners, digital cameras, plastic card printers, laminating machines, paper cutters and file folders filled with stolen personal information like Social Security, bank account, and credit card numbers.
The factories churned out hundreds of fake Hawai’i driver’s licenses, state identification cards, personal checks and, in at least one instance, a Costco card. Police also found evidence that crooks were trying to duplicate U.S. and foreign passports.
“Illegal aliens and terrorists can come in and assume the identities of other people,” said Lt. Pat Tomasu, head of HPD’s Financial Fraud Unit. “They can open up accounts, finance all their cohorts, and run under the radar. That’s the worst-case scenario.”
Police recovered hundreds of fake Hawai’i driver’s licenses and templates for other forms of identification cards from the four locations.
The fake IDs can be used for all manner of illegal activity, especially financial fraud involving the cashing of someone else’s check or the use of someone else’s credit card number.
Personal information, such as Social Security and bank account numbers, is stolen from mail, store receipts, Internet purchases, thefts, car break-ins and burglaries.
The thieves print the stolen information onto fake IDs that feature their pictures, creating an ID to match the stolen credit card or the counterfeit check.
Police declined to disclose the number of people arrested in connection with the factories nor would they say how many similar setups have been found this year or in recent years.
Yesterday, police displayed more than $13,000 worth of equipment confiscated recently and said that investigations are aimed at identifying key figures in all four operations.
One of the problems with stopping the spread of such operations is that anyone with basic computer skills, access to equipment, and personal information can start up a “fraud factory.”
Most of the material needed to make fake IDs and counterfeit checks, from the plastic cards to the “Hawai’i” holograms, can be bought at office supply stores and over the Internet, police said.
“Unless you absolutely know what you’re looking for they can pass” for the real thing, said U.S. Secret Service Assistant Special Agent in Charge Rick Walkinshaw.
According to figures from the Federal Trade Commission and Honolulu police:
There were 649 reported cases of identity theft in Hawai’i last year out of 214,905 reported nationally. Hawai’i ranked 25th out of 50 states in reported identity thefts per capita.
Industry observers believe U.S. consumers lose hundreds of millions of dollars every year to scams. For businesses and financial institutions, identity theft alone cost $48 billion in 2002.
HPD’s Financial Fraud Unit has made 2,677 total fraud cases — including counterfeiting, forgery and bad checks — through Nov. 30. That includes 205 identity theft cases. Last year, there were 3,220 fraud cases but no separate figure was available on identity thefts.
In July, President Bush signed into law the Identity Theft Penalty Enhancement Act. The measure imposes mandatory prison terms for criminals who use identity theft in committing terrorist acts and other offenses. A criminal serves an extra five years for using a false passport in connection with a terrorism-related crime. Two years are tacked on for ID theft in connection with other types of crimes.
http://the.honoluluadvertiser.com/article/2004/Dec/03/ln/ln05p.html
****************************************
HONOLULU — Wal-Mart said it is pulling the “Superbad” DVDs with fake Hawaii driver’s licenses from its shelves in Hawaii.
KITV first broke the story about a fake Hawaii driver’s license that was being sold to promote the DVD release of the film.
The movie hit store shelves on Tuesday. Part of the movie is about how a teen uses a fake Hawaii driver’s license to buy beer.
When the mayor’s office saw the fake ID that was being sold with the DVD and CD it asked Wal-Mart to stop selling it.
“The possibility of promoting underage drinking, to use it in a fraudulent way puts us in a position to have to go after them,” Mayor Mufi Hannemann said.
Wal-Mart told KITV it agreed to pull the promotional package from Hawaii stores.
“We talked to the mayor’s office, and we certainly understand the concerns and so we have pulled the product from the shelves with the exclusive pack that contains that item,” a Wal-Mart representative said.
Sony responded with a written statement: “While the prop has a shifting dual photograph and other features to make clear it’s not a real ID, we regret that it has caused concerns in Hawaii or elsewhere.”
Sony said the package was a one time promotion and it has no plans to send out any more shipments.
“The fraud for illegal use was very high, and I’m very pleased that Wal-Mart has taken the step to remove them from their seven stores in Hawaii, but in our opinion it’s not enough,” Hannemann said.
The mayor wants it pulled across the country.
“I’m hoping that within 24 hours they will pull it nationally,” he said.
There is some concern that the gimmicks can easily be doctored and used in parts of the country where people are not familiar with the security devices on the real driver’s licenses like holograms.
http://www.kitv.com/entertainment/14776849/detail.html
************************************
I could go on and on. There is a culture of ID forgery and bribery in Hawaii.Its driven by having a very ethnically diverse population, along with traditional unsupervised entry by boat and ship. Getting a well forged COLB in Hawaii is just a matter of having enough money to get it, even today. It would have been very, very easy before the WOT, pre 911.
I have both photos and scans of these documents. They came from a colleague of mine who neither supports McCain or Obama, who is not in Hawaii, who I trust explicitly, and who has neither the motive, means or the opportunity to create a forgery.
Whereas, the folks who created the Obama COLB had the motive, the means and the opportunity to create a forgery and to suppress the truth about Obama's current birth record - which America still has not seen yet.
The two 2007 COLBs that I received have all of the requisite features of being real and ones that show no signs of image manipulation. Now contrast these with the one, and only one, image proffered by the Obama camp. This is a very distinctive image that failed to pass the "smell test," so to speak.
If you rule out the 2007's I received, then you might as well rule out every other COLB on the Internet, including PD's, Tomoyasu's, Smith's, and Michele's. There are specific criteria that are only pertinent to a forgery and not to a genuine image, and are the reasons why these COLBs are not forgeries.
It's like getting a $20 bill only once in your lifetime that looks real, but has the telltale signs of being counterfeit. It would make no sense for you to assume that every $20 bill you get from now on is counterfeit until proven genuine.
Likewise, there are telltale signs of an image being manipulated, post-hoc, and 've mentioned them before. Now, when I get the actual paper COLB I requested from my friend, I will be able to provide the evidence and criteria for discerning between a real image (and photo) and a fake image (and photo).
Thanks for the ping, neverdem. Great thread. Thanks to all contributors/educators/researchers/linkers.
At this point in time I don’t know if we need Jack (Book ‘em Dano) Lord or Jack Bauer on the scene. /sarcasm
Lies vs. truth. Thanks to all trying to discern.
The factories churned out hundreds of fake Hawai’i driver’s licenses, state identification cards, personal checks and, in at least one instance, a Costco card. Police also found evidence that crooks were trying to duplicate U.S. and foreign passports.
No mention of false birth certificates. Was this occurring in 1961? When did Obama get a US passport? His mother? How did they substantiate his citizenship?
There is a culture of ID forgery and bribery in Hawaii.Its driven by having a very ethnically diverse population, along with traditional unsupervised entry by boat and ship. Getting a well forged COLB in Hawaii is just a matter of having enough money to get it, even today. It would have been very, very easy before the WOT, pre 911.
More assertions but no proof. Again, we know that Barack Obama has a US passport, which is proof of citizenship. We know that there was a contemperaneous announcement of birth in a local newspaper. We know that he travelled to Indonesia with his mother when he was six years old. You are making a lot of unsubstantiated assumptions about document fraud to support your theory, which is created from whole cloth.
I have no problem in pressing Obama to provide to the public his birth certificate and raising questions about his travel to Pakistan when he was a student at Columbia. However, you are making a giant leap of logic and fact to assume that Obama was born outside the US or that he held an Indonesian passport. We need facts, not speculation.
Hawaii is not unique in this regard.
***That is a counter argument? Kabar, you are a troll.
More assertions but no proof. Again, we know that Barack Obama has a US passport, which is proof of citizenship.
***And again I point out, word for word: My wife is a citizen with a U.S. Passport. But she was born in Taiwan. Demanding proof at the stage of data collection is a requirement no one can meet, so just STFU.
It’s like getting a $20 bill only once in your lifetime that looks real, but has the telltale signs of being counterfeit. It would make no sense for you to assume that every $20 bill you get from now on is counterfeit until proven genuine.
***That’s the way. Good writing.
____________________________________________
That's the second time you stated this on this thread as if it were a fact. Is it? I'd really like to see your proof.
No, are you. ID theft is endemic in the US, which is why Hawaii is not unique.
More assertions but no proof. Again, we know that Barack Obama has a US passport, which is proof of citizenship. ***And again I point out, word for word: My wife is a citizen with a U.S. Passport. But she was born in Taiwan. Demanding proof at the stage of data collection is a requirement no one can meet, so just STFU.
Who do you think you are, you jerk? Your wife was naturalized. She had to provide a certificate of naturalization in order to receive a US passport. How did Obama receive his?
How did Obama receive his?
***The evidence is that he was naturalized illegally, according to Berg’s lawsuit. BIOYAC.
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