Phil Berg on Andrea Shea King Show at 9 pm ET

Here is the main part (text only) from the link in post 5

November 13, 2008

Berg's "whistleblowing" lawsuit - "Illegal Alien" claim made against Obama

UPDATE - 17 November - Berg seems to have corrected his mistake, the case is now sealed.

I stumbled across an interesting bit of news. Interesting because:

a) It's so far flown under the radar, and
b) Philip J. Berg may have done a massive screwup.

Now, some of you may know what PACER is. PACER is an "electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and from the U.S. Party/Case Index. " It is a Government website, and is pretty reliable. It's a good resource for lawyers, but non-lawyer and "legal geeks" can also use it.

It's free to use, downloads will cost money though. Not a lot however.

While searching "All Courts", I found Philip J. Berg's name attached to a new case, "Berg vs. Obama", 1:08-cv-01933-RWR, filed in the US District Court for the District of Columbia on 7 November 2008.

(image ommitted)

So I brought up the information available, mostly information about who filed it and when. The Case Summary showed the following data:

1:08-cv-01933-RWR BERG v. OBAMA, Richard W. Roberts, presiding
Date filed: 11/07/2008, Date of last filing: 11/07/2008
Office: Washington, DC Filed: 11/07/2008
Jury Demand: None Nature of Suit: 890
Cause: 31:3729 False Claims Act Jurisdiction: U.S. Government Defendant
County: 88888 Origin: 1
Lead Case: None Related Case: None
Other Court Case: None Flags: PROSE-NP, TYPE-F
Plaintiff: PHILIP J. BERG Defendant: BARACK HUSSEIN OBAMA, JR.

(image ommitted)

Curious, I downloaded them. Three documents, total pages of 37, total cost to download $2.96.

(image ommitted)

The three documents were all PDF files:

1) "Complaint Pursuant to Federal False Claims Act"
2) Exhibits for the above-mentioned complaint
3) The "Case Form" filled out on filing.

The PDF files are not hosted on a free site, however, getting a PACER account is easy and the cost of the files is very low.

According to the complaint on this lawsuit, Berg is claiming President-elect Obama needs to return his Senatorial salary because he's an "illegal alien", and that he has committed fraud against the US Government by accepting the salary of a US Senator.

From page 2, paragraph 5 of his complaint:

"The Defendant, Barack Hussein Obama, Jr. [hereinafter "Obama"], is not a citizen of the United States but is nevertheless a United States Senator from the State of Illinois, elected to that office, improperly in November 2004, as will be seen more fully, infra."

The evidence form (PDF #2) actually bears the case number from his previous case, Civil Action # 08-cv-04083, and is the "evidence" from "Bishop" Ron McRae, "Kweli Shuhubia", the supposed interview of Obama's step grandmother, and the Indonesian school record that he submitted as part of his Supreme Court appeal.

The complaint goes on, in page 4, section 12, to request the US Attorney General to secure the "vault" birth certificate from Hawaii, Kenya, name change documents, Indonesian adoption records, and "Certificate of Citizenship".

On the Case Form, Berg checks the box to state that Defendant is "Citizen or Subject of a Foreign Country" It looks like Berg has expanded his "illegal alien" claim to claim that Barack Obama was elected to the Senate improperly and should be removed forthwith.

Curiously enough, while this is in the PACER system, there's nothing about it on Berg's own website as of 13 November 2008. With good reason it seems. You see, fraud charges are very serious, and this is the section of US law that handles "whistleblowing". And the False Claims Act, (31 U.S.C. § 3729–3733) which Berg filed his complaint under, states:

1) a complaint under the False Claims Act must be filed under seal; 2) the complaint must be served on the government but must not be served on the defendant; 3) the complaint must be buttressed by a comprehensive memorandum, not filed in court, but served on the government detailing the factual underpinnings of the complaint.

Philip Berg did NOT file this under seal. Jeff Schreiber at "America's Right" acknowledged this in a comment, stating:

"jeff schreiber said...
And YES, I am aware that Philip Berg has filed an action under the False Claims Act in DC Federal Court. However, as the action SHOULD be filed under seal (but for some reason has not been), I am NOT touching it.
November 12, 2008 5:19 PM"

(image ommitted)

I understand Mr. Schreiber wishing to protect himself and his future career as a law student. Since I am not in the legal field nor am I studying it, I see no reason not to post the information that is freely available on the US District Court computer systems.

So basically it already it looks like Berg may be in trouble due to the complaint not being under seal. As for the other parts, we have yet to see if it's been "buttressed by a comprehensive memorandum, not filed in court, but served on the government detailing the factual underpinnings of the complaint", since all we have is the complaint, the case form, and the recycled "evidence".

Hardly enough evidence to justify a claim that a US Senator is, in fact an "illegal alien" defrauding the government and taxpayers.

I will leave it up to those skilled in the legal craft to determine what, if any, repercussions of Berg's misfiling will happen, and what punishments or damages Berg might take as a result. It seems very unusual that an Attorney of the level Berg professes to be, would make such a serious mistake. Unless he knows the case is without merit and the sole purpose of this lawsuit, among others, is to further attack and defame without a single credible speck of evidence.

Which really seems to have been Philip Berg's plan from day one.

But Berg’s main count that Obama was born in Kenya.

He mentioned this on Shea King show today that Obama should have gone through a naturalization process at some point, but failed to do so after returning from Indonesia since he was adopted as a child by his step-dad Soetero. It’s possible that Obama is not an US citizen at all.

Berg has been stating that he has a sealed case that he cannot discuss - I’m not positive, but I think it is this one. Is it possible that he requested it sealed, and somehow it became unsealed, possibly through no fault of his own....?

Just to clarify, my previous post is entirely from the YesToDemocracy posting (my only contribution was to insert the "image ommitted"[SIC]). I knee-jerk reacted to the "scrub" statements and posted the text from my archived copy instead of reading further down the thread (sigh).

Anyone, was the Shea King show live? Or a re-broadcast of the show earlier in the week? I heard the earlier show, but not tonight's. Any new information? Thanks in advance.

arghh... I have my shows mixed up, I think I was thinking of a Jesse Peterson show. Also, some previous discussion.

http://www.freerepublic.com/focus/f-news/2172366/posts?q=1&;page=151#200

Try this one http://www.warrenbensonlaw.com/how-it-works.jsp

I listened to that Jesse Peterson show - boy, that guy talks without knowing all the facts. He referenced the Lily Ledbeter Act, said something about Obama “making it”. In actuality, that was something that Hillary Clinton worked on in the Senate, and it just happened that Obama was president to sign it.

He also said that the act was about being able to be retired and sue your former employer. It wasn’t - it’s about changing how much time you have to file charges. I believe that previously you were only allowed 6 months from the date of hire to sue for being paid less than other people for equivalent work. That wasn’t fair, because salaries are private and people are threatened with being fired for discussing their salaries. So knowing you are not being paid fairly doesn’t often happen in the first 6 months of hire. The new law changes that, so that the “clock” doesn’t start ticking until you DO know that you are being cheated.

I listened to the show to hear Phil Berg, but came off with a really poor impression of the knowledge of the host.

Let’s assume, for the purposes of this argument, that BO was born in Hawaii and was a citizen at birth. We have the hypothesis that his stepdad adopted him, making him Indonesian, and forfeiting his US citizenship at that time.

Do we have proof that his stepdad adopted him? I know that BO took his stepfather’s last name for a time, but is that proof of adoption? I’ve also seen that Indonesian school form that says he is Indonesian, but is that proof, when it’s just something that a parent filled out?

Also, does the US recognize out of country adoptions? In other words, do we know that if his stepdad DID adopt him in Indonesia, did the US recognize that as relinquishing US citizenship? Would his mother also have had to relinquish her US citizenship in order for BO to lose his? In other words, if he was adopted by an Indonesian stepfather, he still (presumably) had a US citizen mother - how do we know how that affected the child’s citizenship, in the eyes of the US?

I’m not an attorney. But to my layperson’s eyes, it seems like all these suits are saying “we suspect x, y, and z - make Obama prove us wrong”. In other words, our premises AND our conclusion are all hypotheses at this point.

I think we might have more luck if we have proof of some of our premises. Maybe some of these attorneys could consult with attorneys who specialize in international law, or adoptions, etc.....?

Would his mother also have had to relinquish her US citizenship in order for BO to lose his? In other words, if he was adopted by an Indonesian stepfather, he still (presumably) had a US citizen mother - how do we know how that affected the child’s citizenship, in the eyes of the US? I’m not an attorney. But to my layperson’s eyes, it seems like all these suits are saying “we suspect x, y, and z - make Obama prove us wrong”. In other words, our premises AND our conclusion are all hypotheses at this point.

Under the Supreme Court's decision in Afroyim v. Rusk, if you are are a citizen, you cannot lose that citizenship unless you voluntarily renounce it; even becoming a dual citizen of another country (as Afroyim did) doesn't take away your U.S. citizenship.