Fed Judge Throws Out Berg v. Obama Lawsuit? Or did he?

i said this in another thread and i'll say it here. the judge did not rule on the evidence against Obama he Ruled on the evidence of whether Berg had standing to raise this suit! 2 different things here. 1st you have to prove you were wronged, then you can get to the suit itself!

The judge ruled friday night that Berg wasn't wronged BUt his ruling also basically says that NO ONE can bring a suit until after the election when they have been wronged.

Earlier on Bergs site there was a press release saying he was appealing to the appellate Court and SCOTUS. I am willing to bet that SCOTUS won't hear the case until after the election.

So yes, we are going to just ignore the fact that not one other candidate bothered with this? I am amazed that not even one person thinks that is something worth looking at, let alone acknowledging.

I've got to hand it to you guys; you are nothing if not persistent. You do realize that even if there was a problem with Obama's citizenship (there isn't), there is no federal judge in any district in the US that would rule against him? Set aside your zeal for a minute and logically think out what would happen if he were not permitted to appear on the ballot. George W. Bush himself would order a hit on any judge that would consider a ruling like that. Going through the motions of this being a representative republic is great, but stability is prized above all else. "Federal judge found dead in his study, heart attack suspected. Film at eleven".

reply to post by Mercenary2007


Good interpretation, Merc....I agree...and, I believe Berg knows this and expected it.....so, what next, a ruling on appeal after election? No, probably an appeal resulting in a ruling after the inauguration and/or certification of electoral college votes.

Then what? From what I read, Biden would be President.......so who becomes VP?

reply to post by habu71

Yes if Obama is elected and it is deemed that he cannot hold office then the Vice President would take office. There is a chain of command.

Originally posted by habu71
reply to post by Mercenary2007

 

Good interpretation, Merc....I agree...and, I believe Berg knows this and expected it.....so, what next, a ruling on appeal after election? No, probably an appeal resulting in a ruling after the inauguration and/or certification of electoral college votes.

Then what? From what I read, Biden would be President.......so who becomes VP?

Nancy Pelosi would become VP if the Pres fell to Biden

When a Constitutional crisis is seen by the US Supreme Court, they will hear a case on a fast track such as what happened with Bush V Gore. In that case, the argument was over recounts and chads. The Court needed to decide the case for the nation "before" the electorial college voted.

In this case, the expected outcome was what we see as towards standing. After the election if Obama wins, Berg will have standing and so petition the Supreme Court to rule on the matter "before" the elctorial college votes. If before that time Obama is found to be a non citizen, he is disqualified and cannot submit any electorial delegates, and by default, McCain will win on his own delegates to the college vote.

While we have votes for president, we know that it is not the popular vote that elects a president but the electorial votes. If Obama should win the election in November by popular votes, and should get a tally of electorial delegates, he is still not the president untill they actually cast their respective votes. Therefore, if disqualified, Biden cannot take his place or receive his votes or delegates because he is voted apon in the office of vice president, not president. Untill a president is actually sworn in, he is not the president.

So... while it seems like a set back, it is not. The next step is the appeals court and bump it to the US Supreme Court. Or straight up to the Supreme Court on it's own before the election, or to the Supreme Court after the election if Obama wins and before the electorial college votes.

The founding fathers were brilliant to put some time between the popular vote and the electorial college vote. Brilliant...

[edit on 25-10-2008 by Fromabove]

Originally posted by Areal51
reply to post by TheRooster

 

Plaintiffs and defendants are allowed to file PROPOSED ORDERS to the court for the purpose of expressing objection or requesting the court to do something on their behalf. If the judge agrees with the motion, the motion is signed. If the judge disagrees, the motion is denied. The judge is not limited to the courtesy of the plaintiff or the defendant. The judge can a issue a separate motion granting or denying motions presented to the court. PROPOSED ORDERS are just that, proposals that let the judge know how the plaintiff and defendant wishes the case to proceed.

Thank you, you learn something new every day.
Second line.

"If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint." www.americasright.com...

I actually found that MOST interesting while reading through this thread. I am somewhat floored that a judge would say that citizens don't have the authority to bring this sort of issue before the courts. He basically denies redress with that statement.

[edit on 25-10-2008 by Jay-in-AR]

reply to post by redhatty

Originally posted by redhatty

Originally posted by habu71
reply to post by Mercenary2007

 

Good interpretation, Merc....I agree...and, I believe Berg knows this and expected it.....so, what next, a ruling on appeal after election? No, probably an appeal resulting in a ruling after the inauguration and/or certification of electoral college votes.

Then what? From what I read, Biden would be President.......so who becomes VP?

Nancy Pelosi would become VP if the Pres fell to Biden

Not true. Section 2 of The 25th Amendment specifies the procedure:

25th Amendment to the Constitution (1967)

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

www.doctorzebra.com...

reply to post by Jay-in-AR


Actually, the Constitution is the founding law, forever settled unless by amendment. As such, the Court should perform it's Constitutional duty to enforce the Constition and make sure from the complaint that Obama is actually elligable to vote.

reply to post by Fromabove


Yeah, I see what you're saying. I guess my issue with it is that even if I had VIDEO PROOF of Obama saying he was born in Kenya, I still couldn't bring the matter to the courts. Only the congress can raise these sorts of questions, and I don't agree with that.

I read he was born in Hawaii...

Where did this guy get information that he was born in Indonesia, instead of Hawaii where his parents were attending college?

reply to post by SFXBrandon



Places like inside edition.

Sorry for the one liner, but it is an answer.

reply to post by jsobecky


Yes true.

Amendment 20 - Presidential, Congressional Terms.

3. 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.

Then we have The Presidential Succession Act of 1947

The Presidential Succession Act of 1947 (3 U.S.C. § 19) establishes the line of succession to the office of President of the United States in the event that neither a President or Vice President is able to "discharge the powers and duties of the office."

Congressional authority to enact such a law is twofold: Article II, Section 1, Clause 6 of the United States Constitution and Section 3 of the Twentieth Amendment to the Constitution.

Notice above is Article 3 of the 20th Amendment.

In December of 1974, when Nixon resigned, Ford became President, Speaker of the House Carl Albert became VP.

There are VERY SPECIFIC rules of who can succeed to the offices of Pres or VP and Congress is bound by those rules.

reply to post by SFXBrandon


Obama was born in Kenya according to his Grandmother who lives there and has testified on video, He was then transported to Hawaii where he recieved a birth certificate, but not one that says "Natural born citizen" The birth certificate may be in Hawaii but does not verify any claim to citizenship. Obama's mother then moved to Indonesia where she married Sorreto (excuse spelling), who was a citizen of Kenya. In order to marry him, Obama's mother needed to renounce her American citizenship and become a citizen of Indonesia. Obama then went to school in Indonesia, but to do so, he needed to a citizen of Indonesia, so his mother declared him a citizen of Indonesia. Obama needed to take the oath of allegience and declair citizenship to America by 18 years of age (he did not), and his natural born mother needed to be in the United States for some period of time prior to that, and was not.

So.. that's the story. A video will be on TV soon of the Grandmother and other reletives telling the story for us all to see, court or no court. And we shall decide if he's qualified to be elected.



[edit on 25-10-2008 by Fromabove]

reply to post by Truther


The judge involved

HAS BEEN A DONOR TO

. . . OBAMA . . .

Was appointed by Clinton.

Those Globalists sure keep it in the family, don't they.

reply to post by Fromabove


Absolutely riveting.

What is your source. I have to see this with my own eyes.

Its good news to me so far, though...

Originally posted by SFXBrandon
reply to post by Fromabove

 

Absolutely riveting.

What is your source. I have to see this with my own eyes.

Its good news to me so far, though...

I read the court documents. I went to the Pennsylvania court page for the "eastern district" and read the whole thing. Another thing is that this same judge ruled against Obama's motion to dismiss when Obama's attorneys claimed Berg had no standing, only a few weeks before he ruled that Berg had no standing. Something's amiss there for sure.

Do any of the people realize that you are AUTOMATICALLY a u.s citizen if one of your parents are. He could of been born on the moon and he would still be able to run for president.