Philip J. Berg is Appealing to the U.S. Supreme Court

ObamaCrimes.com Phillip Berg ^ | 10/25/2008 | Phillip j. Berg

[Danae]

Obama is "NOT" qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court

For Immediate Release: - 10/25/08 - Contact Info at end. UPDATE: Ruling attached at end. It's a really poor copy, but it is all we have for the moment. Willl put up a better copy when we get one.

(Lafayette Hill, Pennsylvania – 10/25/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘...Government of the people, by the people, for the people,...’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

* * For copies of all Court Pleadings, go to obamacrimes.com

# # #

Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Cell (610) 662-3005 (610) 825-3134 (800) 993-PHIL [7445] Fax (610) 834-7659 philjberg@obamacrimes.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

[Klepto]

A fascinating hypothesis which we have kicked around. It would indeed be a standing issue. Now I couldn’t sue out of the blue, but if I tried to buy an assault weapon and was denied I would have standing.

The even more fascinating question is, what about every law signed, every judge nominated, etc.? What then? Now, as a practical matter after long discussions with colleagues, I believe that the existing SCOTUS would let those laws and appointments stand using some version of being voidable but not void ab initio (i.e. from the outset.)

It is clearly uncharted territory.

[mountainbunny]

What is the Mechanism for making sure a citizen is qualified Consititutionally to run for POTUS.

There is none.

It is very vague. But that does not change the fact that US Intelligence certainly knows.

If the Administration or any of its appointees come out with the information, then it backfires onto the GOP candidate.

Obama hasn't always been the nominee. Before he was, he was running against Hillary. Before that, he was a US Senator. They could have stopped him at any time between then and now. He spoke at the DNC 4 years ago, and it has been obvious that he was very interested in the presidency for some time.

Also, Obama served on the United States Senate Committee on Homeland Security and Governmental Affairs and the United States Senate Committee on Foreign Relations. Both of which deal in sensitive matters. Unless the US Intelligence community are bumbling idiots who are endangering our lives and have been endangering our lives, they know. Because while one does not have to pass a security clearance to be elected senator, they don't just hand out spots on those committees to just anyone.

That's the simplest explanation I can come up with.

A simpler one would be that they know he is eligible, which would explain the behaviour of the GOP. They are taking Obama seriously, they have spent zillions of dollars on the campaign, and have done so at the expense of state and local races. Anything else requires them to be part a vast conspiracy or idiots.

Also, you are assuming the Obama in the past traveled on a US Passport. Lets entertain the possibility for a moment that he traveled on an Indonesian one, he was after all once a citizen there.

That would be even easier. The State Department would know if he didn't have a US Passport, and would look into why he didn't.

Granted this is all total supposition. Most likely off from the truth.

It's not "just" supposition. It's what we are talking about instead of stuff like this: Colorado Senate race not as tight as once predicted(^). We are poised to lose races all over, and this hold our attention.

Which brings up a sticky issue.... Why not just tell the truth? Show a certified Birth Certificate? Would that not be the simplest answer? He has posted up a forgery, and KNOWS it to be a forgery, a Crime. Why is THAT not being investigated? The FBI should be all over that, but for some reason this candidate seems to be above the law in all respects.

First, I'm not sure it's a forgery. Someone posted a side view of the raised seal here last week. And all of the "experts" who say it's a forgery seem to fall away. Plus, somewhere in Hawaii someone who would know would say something. Again, unless we fall back on the idea that the conspiracy is so vast that it encompasses the highest levels of US Intelligence, the President, and the clerks in the office of Vital Stats in Hawaii.

Second, what would you like Obama to do? He posted it, but people think it's fake. So, he showed it to representatives of the media, but everyone says they're biased. Who should he give it to? How far should a presidential candidate go to answer rumors and innuendo?

If Obama gives it to the people who file these lawsuits, that will be all you see in the next election - people will sue every candidate in every jurisdiction in the country.

Prove you are American.

Prove you are of age.

Prove you don't have felonies (required for some offices in some places).

Prove you aren't an alien.

It will go on and on and on and no one will be immune.

WHY?

The simplest answer is this: on this day, 8 days before election day, when Democrats are poised to possibly take the White House and maybe Congress, and win races all over the US, this is what we are reduced to talking about.

I am afraid that this is a case of us chasing our tails, oblivious to the ruination of everything around us.

[MHGinTN]

“But that does not change the fact that US Intelligence certainly knows.” Can you prove any of that idiotic assertion?

[MHGinTN]

“It will go on and on and on and no one will be immune.” And no one running to represent we the people ought to be immune, obamatron. You’re swtarting to sound like Michelle Obama ... ‘No law will prevent my husband ...’

[danamco]

Hope this helped and made some sense.

Not at all!

But perhaps the example is best expressed through the following type of case. Let’s say I don’t like the fact that there someone is opening class with a prayer in a local public school. And let’s say that I am a raving athiest. As a taxpayer, I sue. I don’t have standing. Now if my kid went to that school, I would have standing. That is what I mean by unique damage.

Now Nobama Hussein (“Mohammed”?) Barack - (as a criminal) is MY “child” on the ballot to vote for, because I have no option to vote for somone else, should very clearly give me standing!!

Even worse when I vote for him (my only option) I become an enabler of a criminal act, wheter I am a taxpayer or not. No question that I have been injured personally!!!

[Reily]

You can disagree all you want, however there is NO legal constitutional mechanism in place for any federal government employee to do anything regarding the qualifications of a candidate.
An FBI analyst can't just start an investigation and rummage through domestic intelligence files because he/she is bored. Nowadays internal security is almost totally defined to be counter-terror & counter-intelligence so any threats from domestic radicals is mostly ignored. (A legacy from the over-reaction to Hoover's exaggerated abuses.) So there is almost NO internal security intelligence on radical groups to rummage through! Anyone who thinks a 3 letter agency employee can sneak in after hours or even as part if his normal routine and look at files that might contain information on any American citizen let alone a political candidate watches way too much TV! Besides there are 14 agencies in the intelligence community all with their own databases, one can't just go point & click and download something. Access to these databases is carefully controlled. (Look what happened to the State Dept people who looked at the passport files, fired pronto and I am sure threatened with severe legal action. Interestingly enough they weren't even USG staff but contractors !)
Ultimately the integrity of the American political process is the responsibility of its citizens and we have made a hash of it! In the past the policing of “qualifications” was delegated to the political parties. I don't know if Obama is constitutionally qualified or not. There is an “oddness” about his life story that is troubling. But that's besides the point, given his utter lack of any qualifications for the job, people who were actually serious about their right to vote he shouldn't have let him get out of the starting gate. Of course I think Hillary is only marginally more qualified !
I am tired of typing, but take it from someone who knows professionally, vetting the qualifications of a candidate is the job of the citizens through their political parties, NOT the job of the USG The process may have broken broken down here and 50% of the public doesn't care

[Klepto]

Well, it’s not a crime to not be qualified to be President. And while fraud is a crime, an individual never brings a criminal action. The “taste” brings the action because it is considered a crime against the people even though there is a victim. But there is never ever a criminal case where the victim is the Plaintiff. In fact, in most states, there is no “pressing charges” as is so often misrepresented on television. Once the crime is committed, it is totally up to the prosecutor (the executive branch) whether to file charges.

And while indeed you will have been “injured” the courts have decided, rightly or wrongly, that it is not direct enough, or unique enough to you for you to be able to bring the suit. Injury alone is never enough to permit one to bring a lawsuit.

Do understand, any judge will tell you that standing issues are murky and something they just don’t like. But, they exist and in this case neither you nor I have it.

[danamco]

I think I figured out a reason Obama went personally to Hawaii twice now since the election run started: in order to produce a very good fraud of the COLB, and 'substantiating documents, the forgers would need signature copies of his grandmother and mother and perhaps his 'fathers'. One trip removes documents, another retrieves signature documents from family files stored in granny's attic, etc. or the second visit places forged documents to be used as substantiating materials.

It is quite a big undertaking if it was so!

It would NOT help a diddly squat, how would he then be able to expain two different COLBs displayed on web sites!!

Now comes the real kicker: How will he deal with his dual citizenship in INDONESIA, hello???

BTW, I don't think he has a such good relationship with granny because of Michelle Ma Bell. Last photo published with whitie granny is from his HS graduation 25 years ago!!!

[MHGinTN]

And you tell us you were/are a judge? ... “Injury alone is never enough to permit one to bring a lawsuit.” I’m sure the family of Ron Goldman would be shocked at that assertion.

[danamco]

The 3 letter alphabet soup agencies you named are constitutionally bound to accept the outcome as is the military. Also the are constitutionally bound to do nothing to prevent it! When voting someone to a national office character matters ! Well Duh !

Seems to me that everybody (most) are fixated about the BC and its genuineness and origin!

If that hurdle is passed OK (which I don't believe it can), then what!!

How is he, constitutionally, going to pass the hurdle of having dual citizenship from Indonesia!!!

[Reily]

Don’t know!
But so far he has!
A law or a qualification exists only as long as there is the will to enforce it.
See any with the will and ability to enforce it here?

[Klepto]

You have taken what I said in general and tied to force it into a specific set of facts for which it was not intended. Essentially, you have taken a square peg, tried to shove it in a round hole, and, even though I said it was square, tried to blame me for it not fitting. Any of the attorney’s that post here know what I mean. Let me give you a couple of examples:

Let’s say that you and I are in an argument about something. Let’s say that it’s about the issue of standing. And let’s say that you get angry at me and call me names. And as a result of you calling me names, my feelings are hurt. That is an injury that I have suffered. However, I have no right to sue you. Even though I have suffered an injury it does not give rise to a cause of action.

Another example. Let’s say that I am negligent and I run a red light and hit a car. Let’s say that car loses a part. Lets say that part rolls down the street into a nitroglycerin plant. When it rolls in, it bumps a guy who falls into another guy who falls down. In an effort to keep from falling he reaches out and grabs a table. The table tips over. A piece of metal on the table flies off, hits another piece of metal and sparks. The plant explodes with a piece of the building flying into some nearby trees, which scares a squirrel which runs into the street causing a car accident when someone tries to avoid hitting it, injuring the driver. Even though my action caused the ultimate injury they can not sue me.

The most typical, and simple example, used in law school to illustrate the point is someone sticking their tongue out at you or calling you names. While they may, in fact, cause you an injury, injury alone is not enough to permit you to file a lawsuit. It is, perhaps, the most fundamental aspect of the law.

[WestCoastGal]

Can we get everyone to buzz up the Berg story on Yahoo?

http://buzz.yahoo.com/article/1:24f28deb0944a5161a61a72ab518c1a2:1b4becda32243a71f48e4d224187213a?usc=1

[Calpernia]

Don’t know what to say here. The sentence you commented to me on was from the article. My info was underneath.

[Calpernia]

>>>Apparently it should be the DNC who Berg should be suing then. I know he’s a dem, but someone should do it.

He did. That was my point. The judge had no right in throwing that out. The DNC had admissions they did not respond to also separate from Obama’s admissions.

[Calpernia]

>>>Did they say the same about officials?

Yes.

>>>Of course candidates don’t work for us.

You are missing something here though. The state ELECs rely on the parties to vet the candidates that make the ballots. So the parties who are responsible for vetting candidates should be allowed access to the eVerify tools. Otherwise, non citizens can get elected.

[danamco]

Hmmm!!!

Comment:

Although I’m an Indonesian and I loved to supported Barack Obama as the US President, but I prefer that all nation in the world is lead by their own people (having true nationality). I know by saying all of this things, I might called traitor by my own countryman but I think the truth shall set us free.

I learned about his past in Indonesia, and guess what; in Indonesia especially back on that era during late 60’s up to late 70’s, Indonesia was on power struggle between Soekarno and Soeharto. as Zhou yue my relative said on texasdralin:

You got it 100% right sir. He is an Indonesian. Why, For the law. Period. When he stay and went to school on the public school, the law also said that only Indonesian that had all the right to go to the public school. The other shall required SKBRI (Surat Keterangan Berkewarganegaraan Indonesia/ Letter for acknowledge of Indonesian citizenship) which practically applied the most on the Chinese and foreigner that mostly were non Muslim origins. However for his step father were native Indonesian, then his mother automatically could become Indonesian too. As well as he. Remember this, once you become Indonesian, then you must revoke your old nationality, period. As a Chinese man and former Indonesian citizen I dare to speak for this. As 3 richax said:

This is where your logic falls apart:

Now while Indonesia does not allow children over the age of five to be adopted, so far as I can tell, it does recognize that other countries do so. There is a provision covering that:

A foreign child aged below 21 and unmarried, who is adopted by an Indonesian, will be eligible for Indonesian citizenship if the process does not cause dual citizenship.

So it is possible to adopt a child abroad under the Laws of another country, for example the USA, and that child could be of any age. But, you say, if you adopt an American child that IS causing Dual Citizenship. In the real world the rest of us live in, yes, but in Indonesian Law: his or her relationship to the birth parents is severed by adoption

[danamco]

You gave me an example where you have standing for your kid in class!

I gave you an example of "MY" kid on the ballot, and they are exactly equally to give me standing as well!!

Now then a third thing whether standing or not, is his constitutional problem with his dual citizenship with INDONESIA, hello. How are the "juridoco" Jumbo Mumbo crowd screw the "We The People" going to mangle that. Explain that to Joe the Plumber!!!

[Reily]

I think the Indonesian citizenship problem is the stronger argument. However it is moot if no authority takes it seriously, so far no real authority has.
Though since the 1960s or 1970s its been extraordinarily hard for an American to lose his/her citizenship.The US courts have been exceedingly generous.
Unfortunately Berg in my opinion waited to late to take effective action. I have to ask myself, why?
Also if this was a Hillary plot to torpedo Obama, why didn't they pick a court where they already new what the outcome would be?

[FBD]

the fix is in.

According to the Atlas Shrugs website,
http://atlasshrugs2000.typepad.com/atlas_shrugs/

many federal judges are openly giving money to the Obama campaign, in violation of their own Judicial code of Conduct. They don’t give a rip about the Constitution.