Posted on 10/25/2008 8:18:39 PM PDT by RatsDawg
Judge Surrick “Received” the Decision He Issued
In the “never-ending” drama that is known as the 2008 Presidential election, there is an appearance that the decision issued yesterday by the Honorable Judge R. Barclay Surrick in the matter of Berg v. Obama might have been SENT to the judge just a short time BEFORE he released the decision.
A fax copy of the decision from Judge Surrick was faxed to Mr. Berg from the Judge’s Chambers, pages 1-36, beginning at 18:09 October 24, 2008, and that is clearly notated by the receiving fax, starting at page 01/36. Page 36/36 is marked 18:16 October 24, 2008. What is interesting is not at the TOP of the fax pages; it is at the bottom. From Judge Surrick's ruling
From Judge Surrick
At the bottom of each page is a notation from another FAX machine, indicating the date, page number and time. Unlike the pages faxed from Judge Surrick’s fax at 18:09, the “name” of the fax sender is blank, presumably so the sender’s identity could not be seen, and obviously with the sender unaware that the date and time would be stamped on it. The fax began from this mystery fax at 04:55P on October 24, 2008, and ended at 05:11P.
From all appearances, the clerk at Judge Surrick’s office merely took the fax off the machine, the Judge signed it, and it was faxed to Mr. Berg and the other attorneys involved in the case.
Why would a decision from the office of Judge Surrick have “fax date & time” stamp at the BOTTOM of its pages when it is faxed to the Plaintiff and Defendants? And why almost simultaneously were all of the docket links disabled on the case in PACER ( I checked other cases, and they weren’t disabled)?
Is it possible that a former law clerk of Judge Surrick, Christoper B. Seaman, might have wrote the decision? Now an attorney, Mr. Seaman is an attorney at the firm of Sidley, Austin in Chicago. Ironically, this is the same firm that employed Michelle Robinson Obama and Bernardine Dorn (wife of William Ayers), and where Barack Obama met Michelle.
[CONFLICTOFINTEREST.jpg]
If I had to surmise from the manner in which things have evolved in this election process, I would link it to the Obama campaign and lawyers in Chicago. The time in Chicago is an hour behind Pennsylvania, and taking into account the slight few minutes that two fax machines may be off in their time settings, it could be concluded that at 4:55p CT, a law firm in Chicago began faxing the memorandum of the Judge’s decision to the JUDGE, and then his office began faxing it out immediately.
I am in the process of reviewing the memorandum, but one item that immediately caught my attention in a brief glance was this comment in the footnotes:
Moreover, the Court In Bullock did not limit or in any way invalidate votes that had already been cast; nor did it void the results of the elections that had taken place. Se Ed. at 136- 37, 149 (affirming that court’s permanent injunction of the filing fee law). By contrast, Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotIy contested presidential primary in living memory. Pg 11
Points to Ponder:
(1) Why was the PACER system “links” in the Berg v. Obama docket disabled just MOMENTS before the decision was faxed out? Is it possible that the Judge had actually issued a DIFFERENT ruling, and was FORCED to issue the one that was sent to him?
obumpa
LEGROME D. DAVIS
6614 U.S. Courthouse
Carol Sampson, Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (267) 299-7650
R. BARCLAY SURRICK
8614 U.S. Courthouse
Donna Donohue, Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (267) 299-7630
If it's after the inaguration. Different rules apply before then. Consitutional rules.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Amendment XX, Section 3, Constitution for the United States.
Who knows how it would go if The One, were disqualified between the election, Nov. 4, and the casting of votes by the electors (Dec. 15th). They'd be free to vote for whomever they chose, which would likely mean whomever the DNC "annointed". Probably would not be Biden. I hope.
Somebody's date/time stamp says 4:55 PM. Wonder who's that might be? It might be a "received" stamp rather than a sent stamp. Don't know if those go on the bottom on some or all machines or not.
The whole damn thing is a fraud.
It's time for Berg to put up or shut up. Release a copy of the audio, untranslated if need be, but even a rough translation would be nice.
Democrats are so corrupt.
PACER links are based on the CM/ECF (Case Management/Electronic Case Filing) system, which actually contains the docket entries. PACER is just a web front end. So... maybe it's possible that the backend system was offline or swamped due to volume, and so PACER could get it's info and punted.
Entirely different font, the zeros have no slash. That 04:55 indication at the bottom of the page may come from whatever word-processor/printer the judge used, then taking that and faxing it to the Courthouse, and then the Courthouse faxing it to parties. FAX-impressed timestamps appear right side up when they are at the top of the page. I've never seen otherwise.
Even if this was written by somebody in the Obama camp (unlikely to be true, as in being the direct author, but not unlikely for a judge to lift passages from argument - PACER has no links to any of the briefs, so I can't compare argument with Opinion), Judge Surrick has issued language under his signature.
I haven't read it yet, but I've found that attacks on the arguments themselves, and it's fine to ascribe positions to one party or the other, work best.
This is bizarre, isn’t it? (Running out of adjectives)
Whether or not it’s true- the thing about Barry is that given everything we know about him- it would NOT be surprsing, it fits his MO. This sort of tampering is right up his alley.
How do we know the links were live just moments before? I assumed they were dead from the start. It's not unusual to have some of the documents "dead," listed on the docket sheet but not available for download. I find it unusual that NO ITEM on the docket sheet is available for download, but I chalked that up to the parties failure to submit argument in electronic form in the first place, or the Judge being an ass in this case. This is the first time I tinkered in the ED of PA database, so I don't have a handle on whether or not this Court, or this judge, have handled the PACER availability differently in this specific case. If so, they should be publicly shamed.
I doubt there is any issue with "overload." Not that many people use PACER.
Complete docket, truncated at 60 characters ...
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:08-cv-04083-RBS
BERG v. OBAMA et al Assigned to: HONORABLE R. BARCLAY SURRICK Cause: 28:2201 Injunction Y SURRICK Date Filed: 08/21/2008 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant
Date Filed # Docket Text 08/21/2008 1 COMPLAINT against all defendants ( Filing fee 08/21/2008 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR 08/21/2008 Summons 5 Issued; 4 Mailed to counsel and 1 For 08/21/2008 DEMAND for Trial by Jury by PHILIP J. BERG. (tj 08/22/2008 3 Minute Entry for TRO Hearing held before HONOR 08/22/2008 4 ORDER THAT UPON CONSIDERATION OF PLAINITFF'S M 08/22/2008 5 Acceptance of Service by U.S. Attorney Re: acc 09/02/2008 6 Praecipe for Reissuance of Summons by PHILIP J 09/03/2008 2 Original Alias Summons Issued as to DEFENDANT 09/09/2008 7 Affidavit of Service of BRANDON A. SNESKO re: 09/09/2008 8 MOTION to Expedite Discovery, Extensive Discov 09/11/2008 9 Reissuance of Summons for the FEC by PHILIP J. 09/11/2008 One Alias Summons Issued as to THE FEDERAL ELEC 09/15/2008 10 ADDITIONAL CERTIFICATE OF SERVICE BY PLAINTIF 09/18/2008 11 APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE 09/24/2008 12 MOTION to Dismiss filed by BARACK OBAMA, THE 09/29/2008 13 RESPONSE in Opposition re 12 MOTION to Dismis 10/06/2008 14 MOTION for Leave to File First Amended Compla 10/06/2008 15 MOTION for Protective Order Staying Discovery 10/07/2008 16 T.B. BRADLEY'S MOTION FOR APPLICATION TO INTE 10/07/2008 17 MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JAN 10/09/2008 18 RESPONSE in Opposition re 15 MOTION for Prote 10/15/2008 19 U.S. CITIZEN JUDSON WITHAM'S APPLICATION AND 10/20/2008 20 MOTION to Dismiss First Amended Complaint fil 10/20/2008 23 T.B. BRADLEY'S REQUEST FOR THE COURT TO TAKE 10/21/2008 21 MOTION for Order Deeming Requests for Admissi 10/21/2008 22 MOTION for Order Expediting Ruling on Plainti 10/21/2008 24 MOTION to Dismiss for Lack of Jurisdiction fi 10/21/2008 25 MOTION for Order Deeming Requests for Admissi 10/22/2008 26 MOTION for Order for Expedited Ruling, Hearin 10/22/2008 27 MOTION for Summary Judgment filed by PHILIP J
PACER Service Center Transaction Receipt 10/26/2008 08:05:16 PACER Login: xxxxxx Client Code: Description: Docket Report Search Criteria: 2:08-cv-04083-RB Billable Pages: 2
Make sure you read post 52. Seems to me if this is true, there is course of action to be taken on this judge.
When you squint your eyes and tilt your head, one might be able to understand that a citizen can’t sue Obama to prove his qualifications because of the chain of custody that had to be followed.
But Berg’s suit was in TWO parts. He did sue the DNC too. THAT he had a standing to do. And their non response made the assertions true.
The judge had no right throwing that one out. The DNC was the chain of custody for qualifications.
Please ping me regarding your conclusions.
I’ll be adding this to the Birth Certificate Link Thread
http://www.freerepublic.com/focus/chat/2114092/posts?page=1
And the posts right after #52 as well! LOL:)
We’re in The Twilight Zone.
Even Bill O’Reilly said that the other night on his show. And he doesn’t know the half of it. O’Reilly is so badly informed it’s embarassing, so when he begins to get a glimmer and warns his audience that something serious is WRONG in the system- it’s unusual.
newsflash, attorneys write proposed orders and opinions as a matter of course.
this is normal.
nothing odd here when you are fighting an overwhelmingly well financed adversary.
Whether the parties submitted anything in electronic form would not have any bearing as to whether there was an "active" docket link. A docket clerk at the court would just create an entry in CM/ECF, and then scan the submitted paper in, thereby creating the same exact entry as far as PACER is concerned as if it was electronically filed.
I obtained all the filings in the Scooter Libby case - at least all those that were made available of PACER (argument in the Circuit Court was not, minute entries and transcripts in the District Court were not), many of which were "scanned in."
Pure speculation on my part that the ED of PA has lazy clerks. If it takes one more step to get the document on line, they don't.
Some case # trivia...
2:08-cv-04083-RBS
2 = district court
08 = YR
CV = CIVIL as opposed to CRIMINAL
04083 = Next sequential case # for the year
RBS - The initials of the judge who has been assigned the case
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