Lawsuit Against Obama Dismissed in Philadelphia Federal Court

Lawsuit Against Obama Dismissed in Philadelphia Federal Court

www.americasright.com

The order and memorandum came down at approximately 6:15 p.m. on Friday. Philip Berg's lawsuit challenging Illinois Sen. Barack Obama's constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.

Surrick, it seemed, was not satisfied with the nature of evidence provided by Berg to support his allegations.

(visit the link for the full news article)

(This story has been broken on a blog. But the story itself is newsworthy. It does not contain the authors opinion, an is not written like an Op-Ed piece. It is news, just has not been picked up by news outlets. Please allow it to stand.)

From the judge assigned to this case, the Hon. R. Barclay Surrick:

Various accounts, details and ambiguities from Obama’s childhood form the basis of Plaintiff’s allegation that Obama is not a natural born citizen of the United States. To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. These sources and others lead Plaintiff to conclude that Obama is either a citizen of his father’s native Kenya, by birth there or through operation of U.S. law; or that Obama became a citizen of Indonesia by relinquishing his prior citizenship (American or Kenyan) when he moved there with his mother in 1967. Either way, in Plaintiff’s opinion, Obama does not have the requisite qualifications for the Presidency that the Natural Born Citizen Clause mandates. The Amended Complaint alleges that Obama has actively covered up this information and that the other named Defendants are complicit in Obama’s cover-up.

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It seems that the judge considered many things that I also considered about this case. The fact that Philip J. Berg, Esq. used so many dubious sources in support of his argument that Barack Obama was not eligible to run for POTUS.

Even early this morning, around 6 AM I wrote a post that highlighted part of the nature of Berg's complaint. (I did not know that a ruling had been made on the case, and the story was only reported at sometime between 10 and 11 AM this morning.) That is seemed like he was implying collusion between the three parties named in the complaint: Obama, the DNC, and the FEC. I thought that was not the best way to go since Berg really is supposed to be after the truth of Obama's citizenship status.

The judge also statesin his ruling:

…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.

www.americasright.com...

As in other cases, such as three that were dismissed against Senator John McCain, the plaintiff, Berg, could not show an INJURY IN FACT.

Berg plans to appeal.

www.americasright.com
(visit the link for the full news article)

[edit on 25-10-2008 by Areal51]

So basically the judge says that no one can sue Obama or any candidate to determine their eligiblity. THE JUDGE DID NOT RULE ON ANY EVIDENCE AGAINST OBAMA JUST THAT BERG (or anyone)DOESN'T HAVE STANDING TO BRING A SUIT. we'll see if SCOTUS takes the Case, they should just to set precedence for who has standing to bring a suit of this type. and to define a natural Born Citizen.

[edit on 10/25/2008 by Mercenary2007]

reply to post by Mercenary2007


Yeah, it seems that the judge is saying that Congress has the means to do so.

Making it to SCOTUS would likely turn the same result, because they are going to regard the Constitution as the primary force. So... Berg might have a better chance of petitioning Congress on the matter.

This is what gets me on this whole thing. Congress did it to McCain and his father was an Admiral in the Navy. Obama gets a pass, I don't get it. Something doesn't pass the smell test.

reply to post by Areal51

SCOTUS will more than likely take the case, but they will probably do it after the election, that's when Berg or anyone will have injury-in-fact.

Petitioning Congress won't do any good they aren't even in session now. And the judicial system is the entity that enforces the constitution not the congress. plus asking congress to act on this matter is like having the fox guard the hen house.

This ruling still hasn't answered the question if Obama is eligible or not, all it has done is if Obama isn't eligible is to allow him and the DNC to continue defrauding Citizens of the U.S.

Berg will have taped evidence backed up with signed affidavits of Obama's Grandmother and the Half siblings that say he was Born in Kenya by time it reaches an appeal court or SCOTUS.

Bottom line is no matter which side of this issue you are on we all want the truth once and for all. is the guy eligible or not? until we have it this country will be divided even more than it is now.

reply to post by Mercenary2007


Right. The eligibility requirements are still for the most part unknown. At least to the general public. But again, I said that I thought Berg's case was frivolous. He just through a bunch of stuff at the judge and said, "Deal with it." On top of that was Berg's public campaign that I intensely disliked. If wanted Obama to be tried in court, fine. But putting Obama on trial in public, just made Berg's motives more suspect, to me. And apparently the judge questioned Berg's motives without taking public perception into consideration.

It's like Berg is feeling his mortality and wants to go out an "American Hero", or something. He obviously wants fame, and presumably the riches that would come with it. Clearly he's feeding off of the unease that he's helped to create. So Berg wants power as well.

Anyway, the central issue was, and is, Obama eligibility for POTUS. I have no reason to suspect that he isn't eligible, but others would like to know for certain. I respect that, and would welcome clarity as well.

Here's a link to Berg's press release concerning the ruling:

Link.

In it he states that he will be appealing to the US Supreme Court. Great, now we have to wait again!!!

Originally posted by JaxonRoberts
In it he states that he will be appealing to the US Supreme Court. Great, now we have to wait again!!!

I'm not waiting. For me the issue has been decided. I don't trust Berg's evidence. And I don't trust Berg's motives.

It will be a long time before this issue dies. Since August the many who are against an Obama presidency have been on the judge's side, because the judge took his time to deliberate. Now that the judge has ruled, many of those same people are now saying that the judge is no good, and is without ethics or morals.

So what happens if and when the SCOTUS decides in like manner to the lower courts? Vilification of the SCOTUS, that's what.

What happens if Congress deems Obama eligible to serve as POTUS? Even more vilification of Congress, that's what.

And even more vilification of Obama.

So, the issue is moot for me. Unless a ruling is otherwise rendered that would show conclusively that Obama is what Berg claims. Something that I think is extremely unlikely.

If one of your parents is an American you are automatically a citizen. This guy is a moron. This was put in place because a lot of our soldiers and there families are stationed OVERSEAS. Try telling out soldiers that there children aren't American citizens because they weren't born here.

Pathetic.

Just produce the proof of eligibility as required by statute.

The Judge didn't rule; he passed the buck. Too politically risky for a mere judge to have to 'answer' for the case.

Truly pathetic.

And to think, this could all go away with a simple submission of valid documentation to a court officer willing to attest to its veracity.

Why is that so damn difficult?

I don't blame Obama for not producing. He is just following the advice of his lawyers, who obviously thought (and correctly thought) that they could get the case thrown out.

I do disagree with the judge's ruling that he had no standing for a lawsuit against Obama. I was really hoping to see this one through so that everyone would shut up.

Originally posted by Maxmars
Pathetic.

Just produce the proof of eligibility as required by statute.

The Judge didn't rule; he passed the buck. Too politically risky for a mere judge to have to 'answer' for the case.

Truly pathetic.

And to think, this could all go away with a simple submission of valid documentation to a court officer willing to attest to its veracity.

Why is that so damn difficult?

If this election is to be decided by the "undecided voters", BHO is hardly inspiring them with his refusal to a vault C.O.L.B.

reply to post by TheRooster


So you say. Pretty convenient for you to believe, wouldn't you say?

How is McCain and Palin convincing them? Calling themselves Mavericks and constantly being on the attack?

You're view of the situation is directly correlated to what you want to happen.

Well, some of the minds behind this recent lawsuit are some of the most anti-obama, pro-republican people out there. I posted this in another forum on the same subject.

Now, This story is from last week:
contrariancommentary.wordpress.com...

The Republicans kicked into high-gear to try and find something that could turn around the election. Anything..

Andy Martin is the man behind this particular legal action I'm referring to and he is also the founder of the "Stop Obama Coalition". It isn't that difficult to draw the lines right back to an increasingly desperate Republican party that does not want to let go of the power it has held onto over the last 20-30 years. Especially to their Democrat counterparts.

EMERGENCY MOTION FOR ORDER TO SHOW CAUSE

Plaintiff ANDY MARTIN (“Plaintiff”), pro se, respectfully moves this Court on an emergency basis for an Order to Show Cause (“OSC”) directing the defendants to show cause on or before October 22, 2008 at a hearing before this Court why the relief requested by the Plaintiff should not be granted.
1. This lawsuit does not involve complicated or disputed facts.
2. Time is of the essence because Plaintiff would like to write columns and articles about the Birth Certificate before November 3, 2008.
3. Plaintiff is physically present in Hawai’i and is available to appear before the Court in person at any hearing on or before October 22, 2008.
4. There is intense national interest in access to an officially certified copy of the birth certificate in question as well as any related supporting information which the defendants may have in their possession.
5. A proposed OSC is attached to this Emergency Motion.

Dated: Honolulu, Hawai’i, October 17, 2008

Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se

Is this even the same case being talked about in this thread? I searched the Hawaii Judicial public search database for anything involvoing Obama or Mr. Andy Martin but nothing came up for this case. My guess is that it has also been thrown out but why nothing would come up in the database, who knows.

If everything is going to be on the table for all candidates involved here, then why did Sarah Palin refuse to cooperate with a federal investigation into "troopergate"? But What I don't understand is why obama doesn't just display his birth certificate to the world and get this problem out of his hair.. This close to the election even.. The republican party is using any and all tactics in its arsenal to attack the Obama campaign because that's almost all it can do at this point.

I mean, all the hype surrounding the McCain speeches and debates never lived up to what actually transpired and vice versa. Then the "Joe the Plumber" campaigning backfired.. Turns out the guy is real.. But he isn't exactly what the McCain campaign said he was..He isn't even a licensed plumber. The only way he can even work as a plumber is because his employer has a license. he owes all kinds of back taxes, He has no plan to start his own plumbing business, and I believe I remember hearing that he was a registered "Independence party" member. And from what I am hearing and reading the Obama economic plan would actually benefit "Joe the plumber" more than the McCain economic plan.

Now, the Republican party is screwed.. This is very easily the worst run presidential campaign I have ever seen or heard of. John McCain almost seems to be pandering to an ever-growing, anti-republican consensus among Americans after 8 years under the Bush administration rather than
bringing America together as a successul conservative voting base. The McCain campaign made some bad choices, they could have done alot more earlier on that would have put them in a better position to contend with Obama this close to the election.

I am not a registered republican, myself. But I am a social conservative. I have never voted for a Democrat, but I am going to vote for Obama for many different reasons. There is so much that needs to be done.. And I don't even trust the McCain campaign to handle the economic problems we're facing because they don't have any real solutions that makes sense IMO..
It almost seems like the traditional Republican, conservative economic principles that have been such a huge part of the success of the Repulican party is one of the big reasons we are in this mess to begin with. Creating a capitalist state in which we have an ever-increasing private sector and an ever-decreasing public sector is not the answer to our problems.. The Bush administration has been doing that for 8 years.. Giving handouts to private industry is not the way our government should be doing business. Not with taxpayer dollars..
Free market capitalism is one thing, but when you have nearly all of America's money in the hands of the top few percent in the country, this is where the road leads. How about redistribution of hope in this country?

-ChriS


[edit on 26-10-2008 by BlasteR]

Originally posted by Maxmars
Pathetic.

Just produce the proof of eligibility as required by statute.

The Judge didn't rule; he passed the buck. Too politically risky for a mere judge to have to 'answer' for the case.

Truly pathetic.

And to think, this could all go away with a simple submission of valid documentation to a court officer willing to attest to its veracity.

Why is that so damn difficult?

a simple submission of valid I.D. has been shown...again and again. there are people that do not believe a hawaiian birth certificate and never will. oh, by the way, the stamp is on the back of the birth certificate.

Originally posted by Sublime620
reply to post by TheRooster

 

So you say. Pretty convenient for you to believe, wouldn't you say?

How is McCain and Palin convincing them? Calling themselves Mavericks and constantly being on the attack?

You're view of the situation is directly correlated to what you want to happen.

S.Lime, Only a person who has been absolutely brainwashed would give this guy a pass, after pass, after pass, after pass, after pass, after pass, after pass, ad nauseum, no questions what so ever, at all, time after time, after time, after time...

And show me a post from my history, that says I'm voting for McSame...Here, let me save you a day (because you are projecting) my friend, there aint one!

Maverick, change, hope, blah, blah. blah, blah, blah... It's all empty and you're too brainwashed to admit it. Excuse me, maybe bah, bah, bah, bah, bah is more appropriate for a sheeple!

reply to post by TheRooster


Who are you voting for then. If not McCain (correct spelling), then who? Nadar? Pfft. And if you aren't voting... you don't deserve to post on these topics.

So, it's either McCain or Nadar.

Either way, no one has really showed me anything to be concerned about with Obama. People are currently trying to get him kicked out on a technicality (that no one has yet proved to be a legit case). People have pulled out unsubstantiated claims and fake quotes of his family members.

This election has been dirty in the public's eyes. But, even worse, it has been far dirtier on this board. The ignorance that has breed on here is disgusting.

[edit on 26-10-2008 by Sublime620]

Originally posted by jimmyx

Originally posted by Maxmars
Pathetic.

Just produce the proof of eligibility as required by statute.

The Judge didn't rule; he passed the buck. Too politically risky for a mere judge to have to 'answer' for the case.

Truly pathetic.

And to think, this could all go away with a simple submission of valid documentation to a court officer willing to attest to its veracity.

Why is that so damn difficult?

a simple submission of valid I.D. has been shown...again and again. there are people that do not believe a hawaiian birth certificate and never will. oh, by the way, the stamp is on the back of the birth certificate.

You know why the cops always seperate perps when they're investigating a crime? Because when you're not telling the truth, the stories NEVER match. If you were to ask my 3 older sisters and 3 older brothers where I was born, all 6 would give you the same answer because it's the truth. How on earth did BHO's sister get it wrong, he's the messiah for God's sake? The stories didn't match because they're not telling the truth!

It's funny... The only stories that seem to match are the one's being told on his fraternal side, you know, the one where his mother did not make that flight, when his fraternal grandmother watched his live birth in Kenya, those all seem to match.

After re-reading your post I pulled my birth cert, my sons BC, my ex wifes BC, and her sisters BC... Know what I found???? A stamp on the front of every one of them! And oh, the stamp was on the back? Give me a break sheeeeeeeeple!

[edit on 10/26/2008 by TheRooster to add I just got done looking at his sister's COLB and the seal is on the front check it out here:The Truth! There's all sorts of heat map tests and everything on the different versions he's supplied as you attest to]

[edit on 10/26/2008 by TheRooster]

reply to post by TheRooster


Care to explain why his family announced his birth in a Hawaiian newspaper? Did they suspect at birth that he was presidential?

At this point, saying they intentionally put a false advertisement in the paper is really pushing the conspiratorial envelope.