Court rejects Berg claim on Obama eligibility for presidency. Berg to appeal.

By keeptonyblairforpm

Comment at end

26th October, 2008

No “standing”? WHAT DOES THIS MEAN?

‘Judge Richard Barclay Surrick ruled that Philip Berg, an attorney in the state of Pennsylvania, lacked standing to bring such a suit.’

BERG APPEALS TO SUPREME COURT AND ASKS – WHO DOES HAVE STANDING?

So says the ‘Sunday Nation’ (African site). This publication also made the claim that this is a desperate attempt by “extremists” to prevent Obama from winning, neatly omitting to mention that the complainant is a Democrat and NOT a (right-wing) Republican.

‘Many of the same extremists have sought to link Senator Obama closely to Prime Minister Raila Odinga, who is portrayed by Obama-haters as both a communist and a supporter of radical Islam.’

AN EXPERIMENT

TONY BLAIR STANDS FOR US PRESIDENCY

Listen up, folks in Africa, America, Europe or elsewhere who are throwing the racist jibes around.

Let’s replace Obama with a white non-American … oh, I don’t know … let’s say Tony Blair for the sake of argument.

Tony Blair with Senator Obama earlier this year.

If Tony Blair had been chosen as the candidate for either party on the grounds that he was popular, respected and could bring people together right across the political spectrum, do you really think no-one would question his eligibility? Of course they would, on the grounds that he was born in Britain. People of all races would be right so to do.

According to the US constitution you need to be a “natural born Citizen” to stand as President. No ifs, no buts.

So Blair’s candidacy would be thrown out, and rightly so.

WHAT IF…

If Mr Obama IS elected president and afterwards it is confirmed that he was NOT born in the USA, what happens then?

  • Is it a fait accompli and the constitution is altered retrospectively to allow any and all others from any and all countries to stand for president. (Might we have President Ahmadinejad in 2012?)
  • Or is it accepted as a one-off boob – a bit like the female catholic pope?
  • Or does Obama stand down, do a spell inside for misrepresentation of the facts, as Joe Biden becomes President?
  • Or do the Republicans take over by default?
  • Or are there new elections with a new Democrat candidate?

It seems an odd decision to say that Mr Berg has “no standing” to file such a claim about the potential leader of the Free World.

We are still awaiting confirmation that Mr Obama’s birth certificate has been cleared as genuine. When that is done by a court/body trusted on all sides, we can all forget the claims. And I’m sure we will.

The Count Us Out site has a scanned photocopy of the judge’s decision (pdf)

They quote Berg here:

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

And Berg’s ‘Obama Crimes’ site has the press release (pdf) which he has released.

Rough pasted copy follows:

For Immediate Release: – 10/25/08
For Further Information Contact:
Philip J. Berg, Esquire Berg v. Obama
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005 No. 08-cv-04083
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659 philjberg@obamacrimes.com
Philip J. Berg is Appealing
to the U.S. Supreme Court
as Obama is “NOT” qualified
to be President of the United States
Lawsuit Against Obama Dismissed from Philadelphia Federal Court
(Lafayette Hill, Pennsylvania – 10/25/08) – 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 is immediately
appealing the dismissal of his case to the United States Supreme Court. The case is Berg
v. Obama, No. 08-cv-04083.
Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of
the United States, I am immediately appealing to the U.S. Supreme Court.
This is a question of who has standing to uphold our Constitution. If I don’t have
standing, if you don’t have standing, if your neighbor doesn’t have standing to question
the eligibility of an individual to be President of the United States – the Commander-in-
Chief, the most powerful person in the world – then who does?
So, anyone can just claim to be eligible for congress or the presidency without having
their legal status, age or citizenship questioned.
According to Judge Surrick, we the people have no right to police the eligibility
requirements under the U.S. Constitution.
C:\Documents and Settings\Geoff\Local Settings\Application Data\Opera\Opera\profile\cache4\temporary_download\Obama
Press Release 10 25 2008.doc 1
What happened to ‘…Government of the people, by the people, for the people,…’
Abraham Lincoln in his Gettysburg Address 1863.
We must legally prevent Obama, the unqualified candidate, from taking the Office of the
Presidency of the United States,” Berg said.
Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread
the word of our website – and forward to your local newspapers and radio and TV
stations.
Berg again stressed his position regarding the urgency of this case as, “we” the people,
are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

* * For copies of all Court Pleadings, go to obamacrimes.com


WHO SAID: “I will stand with the Muslims should the political winds shift in an ugly direction”?

But if they want Obama in many if not most European countries, what does it matter if he is ineligible to stand?

Billboard in Belgrade, Serbia. WHY? Do THEY have a vote? "Change we can believe in. Europe has no alternative". What absolute ignorant codswallop!

After all …




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12 Responses to “Court rejects Berg claim on Obama eligibility for presidency. Berg to appeal.”

  1. keeptonyblairforpm Says:

    Is that right, Rob!?

    Yes, I must say we ALL thought Clinton was stretching semantics and credibility a little with that one! Do you have a weblink for this?

    But as for “standing” – that was my first question. I think this is expanded on elsewhere at my blog. Sounds like that’s how the courts put it when they think someone is time-wasting with this kind of case and has not been ‘personally’ injured, whatever that means in a constitutional and electorally correct context.

    If I can find the link again I’ll add it here.

    Here it is – America’s Right site.

    Excerpt:
    To have standing, a plaintiff must satisfy a three-prong test. He or she must prove (1) injury in fact, (2) causation, and (3) redressibility — that they’ve sustained more than just general harm, that the harm can be traced to the conduct of the defendant, and that adjudication of the matter can provide a remedy to that harm. Berg’s biggest hurdle, so far, has been establishing injury in fact.

    Now, while there is a three-prong test for standing, there is no such definitive test for establishing what exactly constitutes an injury in fact. Instead, whether or not a plaintiff has sustained an injury in fact depends upon how that plaintiff’s factual allegations are perceived by the judge on what has been described as a sliding scale of speculation, creativity and remoteness. In other words, if the factual support of a plaintiff’s claims is deemed too speculative, too remote, or too creative, then the judge may not find injury, and visa versa.

    In the past, the United States Supreme Court has held that a plaintiff must have a “personal stake” in the matter being adjudicated. This, of course, is to ensure that the matter belongs before the court in the first place. More recently, however, the Court has paid greater attention to, and awarded standing for, plaintiffs who can show enough of an injury so as to provide something along the lines of a good contest among legal rivals.

    Perhaps it means that only after an ineligible candidate (if that’s what the Big O is and I’m in the dark as much as the rest of us) is already ensconced in the White House has anyone been “injured”.

    Then half the population can bring a case that you have been injured by his (arguably) wrongful election.

    I doubt it, though.

  2. Don Maccank Says:

    FOI request for Obama’s birth certificate –found on the internet at http://www.DailyJeff.com-has all 50 SOS emails-1 stop emailing!

    FOI REQUEST TO ALL SOS FOR OBAMA’S BIRTH CERTIFICATE
    We need to find out what the SOS of the various States know about Obama’s birth certificate and qualifications to be president. If you have time, please send/fax/email the following FOI (freedom of information letter) to some or all of the SOS bureau of elections. After you get a response please post on http://www.obamacrimes.com, http://www.freerepublic.com, http://www.peoplespassions.org, http://americamustknow.com,www.rallycongress.com.
    1. The address , fax number and email address for the Bureau of elections for the states are at http://www.eac.gov.
    2. I like the faxes because they will respond quicker to them. Print off your generic FOI request and past/tape the next name over the top and fax it off. See emails listed below for all 50 SOS.Cut and paste to send all 50 at one time. Sit back and wait for answers.

    November 21, 2008
    TO: BUREAU OF ELECTIONS
    Bureau of Elections, California
    1500 11th St, 5th Floor FAX: 916-653-5634
    Sacramento, CA 95814 Email: elections@sos.ca.gov

    ATTN: Freedom of Information Officer
    REF: Freedom of Information Act Request/Privacy Act/ Open Meeting Act, Common Law
    This is a request under the Freedom of Information Act. Please send the following documents for examining and photocopying:
    1. Documents that show that Barack Obama is qualified to be President of the United States , including but not limited to:
    a. Original birth certificate
    b. Proof that he is a natural born United States citizen
    c. Proof that he was born in Kenya
    AS you know , the FOIA provides that if a portions of a document are exempt from release, the remainder must be segregated and disclosed. Therefore, I would like to examine all nonexempt portions of the records that I requested and I ask that you justify and deletions by citing specific exemptions of the FOIA
    This is a continuing request into the future for 6 months.
    If this is not the proper department, please forward to the Election Bureau/SOS.
    I promise to pay reasonable search and duplication fees in connection with this request. (Note: The FOIA permit some fee reduction or waivers).
    Please notify me if the charges will exceed ($20.00), so that I can decide whether to authorize a higher amount.
    Thank you for your assistance, I look forward to receiving your reply within five business days, as required by law.

    Sincerely,
    Robert Johnson
    123 Main St
    Anywhere , CA

    Cc: Clerk of the US Supreme Court
    One First Street N.E.
    Washington, DC 20543
    FAX: (209) 479-3021

    WARNING
    Should any person try to cover up this request or documents herein, BE YOU HEREBY PUT ON NOTICE: You may be indicted under USC Title 18 Sec. 3. 4, 2381, 2382, 2383, and 2384. Also, 4 U.S.C. & 101, federal law requires all state employees and officers take an oath of office and records kept of such administered oath.
    Jeannie.price@sos.alabama.gov,governor@alaska.gov,governorsoffice@asg-gov.net,
    sosadmin@azsos.gov,sos@sosmail.state.ar.us,constituentaffairs@sos.ca.gov,
    secretary@state.co.us ,susan.bysiewicz@po.state.ct.us ,lorilee.harrison@state.de.us ,
    Stephanie.scott@dc.gov,secretaryofstate@dos.state.fl.us,sosweb@sos.state.ga.us,
    elections@aloha.net,sosinfo@sos.idaho.gov,JWhite@ilos.net,
    constituentservices@sos.in.gov,sos@sos.state.ia.us,kssos@kssos.org,sos.secretary@ky.gov,
    bobby.jindal@la.gov,sos.office@maine.gov,bmorris@sos.state.md.us,
    agoweb@state.ma.us,secretary@michigan.gov,secretary.state@state.mn.us,
    administrator@sos.state.ms.us,sosmain@sos.mo.gov,sos@mt.gov,receptionist@sos.ne.gov,
    sosmail@sos.nv.gov,elections@sos.state.nh.us,feedback@sos.state.nj.us,
    nmsos@state.nm.us,info@dos.state.ny.us,emarshal@sosnc.com,sos@nd.gov,
    tworley@sos.state.oh.us,governor@gov.state.ok.us,Oregon.sos@state.or.us,
    pcortes@state.pa.us,correo@fortaleza.gobierno.pr,comments@sec.state.ri.us,
    rdaggerhart@sos.sc.gov,sdsos@state.sd.us,phil.bredesen@state.tn.us,
    secretary@sos.state.tx.us,mshurtleff@utah.gov,dmarkowitz@sec.state.vt.us,
    justice@usvi.org,soc@governor.virginia.gov,mail@secstate.wa.gov,
    wvsos@wvsos.com,wigov@gov.state.wi.us,secofstate@state.wy.us,

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