Keyword: obamacolb
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A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.[snip] In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters. Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."...
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The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause. These cases unquestionably present vital questions of constitutional law, touching on matters of self-evident national importance. It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date.
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The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.
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Attached is Philip J. Berg's Opposition to Defendants, the DNC and Obama's Motion for Protective Order Staying Discovery pending Decision on their Motion to Dismiss. If the Protective Order were granted, discovery could not occur until the standing issue has been resolved and only if it is in favor of the plaintiff. Following is an excerpt from the response: PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS BARACK H. OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S MOTION FOR A PROTECTIVE ORDER STAYING DISCOVERY PENDING DECISION ON DISPOSITVE MOTION .... 1. Defendants’ pending Motion to Dismiss does not entitle them to a Protective Order...
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Berg is “Outraged” that Obama & DNC Hide Again Behind Legal Issues as their attorney files a Motion for Protective Order to “not” Answer Admissions & Production of Documents while Betraying Public in not Producing Documents proving Obama is “qualified” to be a candidate for President. It is believed Obama is an “illegal alien” For Immediate Release: - 10/06/08 (Contact info and pdf of press release below) Country is Headed to a Constitutional Crisis (Lafayette Hill, Pennsylvania – 10/06/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to...
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TWO FILINGS: Berg Files Motion for Leave to File Amended Complaint, Obama and DNC File Motion to Delay Discovery Until Judge Decides on Prior Motion to Dismiss It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion...
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Phil J. Berg filed an amended complaint today in Berg v. Obama. The amended complaint adds the Pennsylvania Department of State, the Secretary of the Commonwealth Pedro A. Cortes (in his official capacity), the U. S. Sentate Committee on Rules and Administration, and Senator Diane Feinstein (in her official capacity as chairman) for their failure to exercise due diligence with respect to Barack Obama's contitutional qualifications to be elected and serve as President of The United States, and for his inclusion on the ballot in Pennsylvania as a candidate for President of the United States. The amended complaint also bolsters...
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This morning, prominent Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania Philip Berg filed a Motion for Leave to File an Amended Complaint in his ongoing case against Illinois Sen. Barack Obama and others, arguing that Obama is in fact not a natural born United States citizen and, pursuant to Article II, Section 1 of the U.S. Constitution is ineligible to serve as president of the United States of America. Now, this does not mean that the amended complaint has been filed. Rule 15(a) of the Federal Rules of Civil Procedure permits amendments by leave of...
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The man suing Sen. Barack Obama and the Democratic National Committee for proof of Obama's American citizenship is outraged that his own party – rather than just providing the birth certificate he seeks – would step in to silence him by filing a motion to dismiss his lawsuit. As WND reported, prominent Pennsylvania Democrat and attorney Philip J. Berg filed suit in U.S. District Court two months ago claiming Obama is not a natural-born U.S. citizen and therefore not eligible to be elected president. Berg has since challenged Obama publicly that if the candidate will simply produce authorized proof of...
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(Lafayette Hill, Pennsylvania – 09/29/08) - 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 filed his Opposition and Brief to Obama and Democratic National Committee [DNC] Joint Motion to Dismiss in the case of Berg v. Obama, No. 08-cv-04083. Berg feels confident that he has “Standing” and the Court will allow the case to go forward. Our response was due in 14 days, but the Court requested our answer by Monday, September 29, 2008 and we complied....
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Update on latest information from Berg v. Obama regarding eligibility for POTUS.
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Here come another of those "Guilt by Associations" that Senator Barack Obama will try to weasel himself out of. As you may know, Philip Berg is suing Senator Obama in Civil Court. Berg wants Obama to Produce his real birth certificate to prove that he meets the citizenship requirements to be President. Rather than just product the birth certificate (is he trying to hide something?) Obama's legal team filed a motion to dismiss. One of the Lawyers filing the motion was Joe Sandler (sandler@sandlerreiff.com) of the Washington law firm Sandler, Reiff, and Young (see the document below). If Mr. Sandler's...
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Hat tip to commenter Carolyne at Wake Up America A note from Radarsite: Not being a lawyer, I cannot presume to write intelligently about the possible ramifications of this decision. However, the fact that the court has refused to dismiss this case and furthermore is requiring the submission of additional documention seems to be a troubling sign for the Obama camp. Radarsite has posted the first page of the full PDF transcript of this decision below and has posted a link to the complete document. If any of our readers who are lawyers would like to send in comments on...
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Here come another of those "Guilt by Associations" that Senator Barack Obama will try to weasel himself out of. As you may know, Philip Berg is suing Senator Obama in Civil Court. Berg wants Obama to Produce his real birth certificate to prove that he meets the citizenship requirements to be President. Rather than just product the birth certificate (is he trying to hide something?) Obama's legal team filed a motion to dismiss. One of the Lawyers filing the motion was Joe Sandler (sandler@sandlerreiff.com) of the Washington law firm Sandler, Reiff, and Young (see the document below). If Mr. Sandler's...
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Following the controversy over the authenticity of Barack Obama's birth certificate can be a bit confusing with all its detailed analysis. Your humble correspondent will leave that up to the experts. However, in response to the charge that Barack Obama is not an American citizen, Obama's Fight the Smears website, quoting FactCheck.Org, has made a bombshell admission...Barack Obama was once a citizen of Kenya. You read that right, Obama had Kenyan citizenship until 1982. Here is the startling admission published in Fight the Smears (emphasis mine): “When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a...
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I'm writing this brief post to put into perspective what it all means when Obama cannot (rather refuses to) release his genuine birth certificate to put all rumors to rest. The time for surprizes has long past. Obama is not going to magically produce it, saying "Gotcha," because that would have been done in response to Berg's suit. You can take this to the bank, that when Obama is forced show his "vault" long-form birth certificate, the whole world will know that the COLB image was a forgery from Day One, as well as the phony FactCheck photos. BUT, now...
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The plot thickens. The lawsuit Philip Berg filed based on my blockbuster expose of Obama's birth certificate forgery has taken a bizarre and disturbing twist. Why is a Presidential candidate using a terrorist lawyer. Every allinace, every allegiance, malevolent. Barack Hussein has recently admitted to dual citizenship ... media yawned, too busy going through Sarah Palin's trash (at least they are in their own element). How ironic that what we need is a federal elections specialist. Obama is considered an expert in this area having taught it for several years at University of Chicago law school after his stint at...
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On defendant's Barack Hussein Obama and the Democratic National Committee's Motion to Dismiss Plaintifs Complaint.........Denied........... Order of this Court that the following discovery is to be turned over to Plaintiff within 3 days 1. Obama's "vault"version (certified copy of his original long version Birth Certificate and 2. A certified copy of Obama's Certification of Citizenship 3. A Certified Copy of Obama's Oath of Allegiance Filed September 29, 2008
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Berg Confident Obama & DNC Motion To Dismiss Will Be Defeated Tuesday, 30 September 2008 Berg Filed an Answer Sept. 29th, 2008 (Lafayette Hill, Pennsylvania – 09/29/08) - 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 filed his Opposition and Brief to Obama and Democratic National Committee [DNC] Joint Motion to Dismiss in the case of Berg v. Obama, No. 08-cv-04083. Berg feels confident that he has “Standing” and the Court will allow the case to go...
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Back on August 21, FactCheck released photos apparently showing Barack Obama's birth certificate (actually his "Certificate of Live Birth" or "COLB"). At the time, I noted that the EXIF information (added by the camera) showed that the pictures had been shot months before and I mentioned such possibilities as them not setting up their camera correctly, a bad battery, and the like. Now, FactCheck has recompressed those images and removed the EXIF information in so doing. However, their sidebar linking to the images still contains the old file sizes (factcheck.org/elections-2008/born_in_the_usa.html). The only image I downloaded was birth_certificate_3.jpg, and I've included...
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