Thread: A BRIEF ON OBAMA'S INELEGIBILITY

[b]This summary is kinda long but is also long on information about 2 ongoing cases about the Constitutional eligibility of Osama Barak to be president. I believe this summary to be factual up to Friday 10/24/08. On that day, the Berg case was dismissed by Judge Barclay Surrick who states that mere citizens do not have the authority to enforce or uphold the U.S. Constitution. Phillip Berg has said that he will appeal to the Supreme Court. He is qualified & capable of doing this. I suspect he is funded by the Clinton/Soros cabal. I'll post what I've got.
Bobby


October 23, 2008

Where is Obama's Birth Certificate and Why Doesn't He Produce It?
Joan Swirsky



Four years ago, when I had just about completed the lengthy legal and financial vetting process required by the U.S. government to place my then-92-year-old-mother in a nursing home, I was asked to produce her birth certificate as 'proof' of her citizenship. While she was born in America, had voted in every election for untold decades, and paid her taxes religiously, that wasn't good enough to qualify my elderly mother -deaf, legally blind, and confined to a wheelchair - to be admitted to the facility I had chosen for her near my home.

Frankly, I didn't think finding my mother's birth certificate was possible, given the fact that she had been born in a farmhouse in Storrs, CT, along with nine of her 10 siblings, to parents who didn't speak English. Despairing that she would never be 'qualified' to receive the care she desperately needed, I set about to find the d ocument, which I was sure had vanished in the unreliable record-keeping of 1913.

First I called an official in Hartford, the capitol of Connecticut, who recommended that I call the Storrs record-keeping office.

That took two minutes.

Next I called the Storrs office and was told to call another number.

That took two minutes.

When I called the third number, I explained to the woman who answered the phone that I was 'asking something impossible.' I gave her my mother's first name and her father's last name.

Within four minutes, she said, 'Here it is!' She had found my mother's birth certificate, and it surprised me when I learned my mother's 'real' first name and 'real' last name had changed significantly as she and her family became Americanized.

When I expressed my amazement, the woman said: 'That's nothing...we're routinely asked to find birth certificates from the 1800s, and we do that all the time!'

Total time it too k me to find my mother's 1913, born-in-a-farmhouse birth certificate: 10 minutes.

WHERE IS OBAMA'S?
To this date, Barack Obama has refused - or been unable - to produce an authentic birth certificate that attests to the fact he is eligible to run for office. He has had more than the two-years of campaigning for the presidency of the United States to do this, but failed.

Why is this important? Because the Constitution of the United States expressly forbids anyone born on foreign soil to run for the highest office in our land.

You would think that Obama would have volunteered the 'proof' of his eligibility within a nanosecond of entering the race. But here we are, less than two weeks away from the election, and Americans still don't know if Obama is an American!

While Obama's camp submitted a supposedly authentic birth certificate to the far-left blog Daily Kos, it was found to have been a photo-shopped vers ion of the birth certificate of his half-sister, who was actually born in Hawaii, as Obama claims he was.

While this glaring omission in Obama's eligibility to become the most powerful man on earth mystified some and rankled others, a few people - clearly alarmed at what they considered a stealth candidate's attempt to dance his way around the Constitution and venture into the realm of criminality - took action.

SLEUTH #1
The first sleuth was lawyer Philip J. Berg, a Democrat from Pennsylvania and an undisguised Hillary fan. Last August, Berg - a former deputy attorney general of Pennsylvania and one-time candidate for both governor and senator - filed a lawsuit in Federal Court (Berg v. Obama, Civil Action No. 08-cv-4083) seeking a Declaratory Judgment and an Injunction against Obama, alleging that the first-term Illinois senator did not meet the qualifications to be President of the United States.

Berg's suit was based on Obama's failure to answer satisfactorily the question of where he was born. Was it in Hawaii, Kenya, or Indonesia? Was his legal name Barack Hussein Obama, Barry Soetoro (his stepfather's surname), Barry Obama, Barack Dunham (his maternal grandparents' surname), or Barry Dunham?

Among the other questions Berg raised were the authenticity of the name Obama used on his Illinois Bar Application and his possible allegiance to other countries.

Details of the case, including direct quotations, are found on Berg's website: http://www.obamacrimes.com/ .

'Voters donated money, go ods and services to elect a nominee and were defrauded by Senator Obama's lies and obfuscations,' Berg said. 'He clearly shows a conscience of guilt by his actions in using the forged birth certificate and the lies he's told to cover his loss of citizenship. We believe he...supported this belief by his actions in hiding his secret, in that he failed to regain his citizenship and used documents to further his position as a natural born citizen...His very acts prove he knew he was no longer a natural born citizen. We believe he knew he was defrauding the country or else why use the forged birth certificate of his half sister?...If the DNC officers and/or leaders had performed one ounce of due diligence, we would not find ourselves in this emergency predicament...from making a person the nominee who has lost their citizenship as a child and failed to even perform the basic steps of regaining citizenship through an oath of allegiance at age eighteen [18] as prescribed by Constitutional laws.'

The net result of Berg's efforts was that, on September 9, both Obama and the Democratic National Committee filed a joint motion for a Protective Order to Stay Discovery pending a decision on the Motion to Dismiss his lawsuit. In other words, to make Berg's lawsuit go away!

Berg said he was 'outraged, as this is another attempt to hide the truth from the public; it is obvious that documents do not exist to prove that Obama is qualified to be President.' The joint motion, Berg asserted, was a concerted effort to avoid the truth by attempting to delay the judicial process, although legal, by not resolving the issue presented: that is, whether Barack Obama meets the qualifications to be President. He said it is obvious that Obama was born in Kenya and does not meet the qualifications to be President of the United States. Simply stated, Obama 'is unable to produce a certified copy of his Birth Certificate from Hawaii because it does not exist.'

An e-mail fr iend of mine, a lawyer, stated: 'What has boggled my mind about this case is that Berg simply waited for a court order to compel the production of the birth certificate, when he could just as easily have served a subpoena on the Hawaii County Clerk or County Recorder - or whoever is the custodian of records in Hawaii - to produce the original birth certificate for examination by an expert forensic-document examiner to produce certified copies to the Court, the Plaintiff, and the Defendants, which would have shifted the burden to Obama to quash the subpoena - and if he filed a motion to quash the subpoena to produce his own birth certificate, that would sure as hell tell us that he has a lot to hide.'

SLEUTH #2
Also in August, longtime Obama nemesis Andy Martin - a Chicago journalist, lawyer, author of the bestseller, 'Obama: The Man Behind The Mask,' and executive editor or http://www.contrariancommentary.com/ - filed a suit in the Court of the First Circuit State of Hawaii (08-1-2147-10) against the Republican governor, Linda Lingle, and the director of the Department of Health, Dr. Chiyome Fukino.

Martin's suit alleged that the defendants had refused to provide a copy of the requested, certified copy of the birth certificate of Senator Obama 'attested to by the State and not a `certificate' which is posted on a website and which has been debunked as possibly having been altered.'

'It is axiomatic,' Martin's suit said, 'that the birth certificate of a presidential candidate is a document of crucial public concern and significance.'

Failing bot h his petition and an initial 'emergency motion,' Martin filed his second emergency motion this month (-1-2147-10 BIA) 'for an Order to Show Cause (`OSC') directing the defendants...on or before October 22, 2008...at a hearing before this Court why the relief requested by the Plaintiff should not be granted...This lawsuit does not involve complicated or disputed facts.'

'Why is Barack Obama obstructing access to his birth records?' Martin asks. 'Along with his obstructing access to college records and other essential information about his past? I want to see a certified copy issued by the State of Hawaii, not one issued by the State of Obama... Interestingly, we think we also know now why he has virtually imprisoned his white grandmother and refuses to allow her to appear in public?'

Numerous conservative journalists, talking heads and bloggers have addressed Obama's fitness to be president, questioning his:
* Reed-thin résumé.
* Stunning lack of concrete legis lative accomplishments (both in the Illinois legislature and the U.S. Senate).
* Long-time close relationships and associations with Marxists and anti-American militants like Frank Marshall, Rev. Jeremiah Wright, Father Michael Phleger, Khalid Rashidi, et al.
* Failure to provide transcripts of his years at Occidental College, Columbia University, and Harvard Law School.
* Failure to provide any more than a one-page 'report' from his medical doctor about his health status.

* Rationale for flip-flopping on every major issue - economic policy, domestic policy, foreign policy, et al - during this campaign.
T he sleuthing continues. According to Berg, Martin, and a number of other sources, Obama was really born in the Coast Provincial General Hospital at Mombassa, Kenya at 7.24 PM on August 4, 1961, a birth that was documented by a certificate with an embossed seal that displays the name of the hospital, as well as witness signatures. In addition, if these reports are accurate, his grandmother in Kenya, as well as his brother and sister, claim they were present during Obama's birth in Kenya.

GRAMMY DEAREST

Now - belatedly - that the net is closing in on Obama, and the suspicions, as many have alleged, are that he is a Trojan Horse for Islamic interests, or a Manchurian Candidate, or a total fraud - Obama has seemingly discovered an interest in his ailing grandmother. Yes, that Grammy who he so facilely threw under the bus during the earl y days of his campaign.

He is now so worried about Grandma Dunham - the woman who raised him but strangely didn't attend his nomination - that he is taking a few days off from his intense campaign to visit this ailing widow.

Or could his strangely-timed trip to Hawaii really be to 'clear up' the sticky case of his missing birth certificate?

I live in New York, where it is not uncommon for BIG payoffs to influence people to come up with 'the goods.' A half-a-million here, a dire threat there, often influence people to do things - like perjure themselves, produce phony documents, et al - that they would never do under less 'pressured' circumstances.

If the magic document doesn't appear, it is possible, and entirely legal, that Obama could be removed from the ballots in states that are questioning his eligibility.

According to a recent article in The Daily Herald in Everett, WA, a civil action was filed in Washington State Superior Court against Sam Reed, Secretary of State, demanding that Illinois Sen. Barack Obama be removed from the ballot in Washington unless he can provide verification of his status as a United States citizen. The citizen who filed the suit, Steven Marquis, asked that Reed verify - by looking at 'original or certified verifiable official documents' - that Obama is a natural-born citizen of the United States and eligible to serve as president, and that the office do so by Election Day.

Like others investigating the matter, Marquis said that answering the unanswered questions about Obama's eligibility and background would 'preclude a constitutional crisis and likely civil unrest' that would arise if information about Obama's ineligibility came to light after the election.

EXPLOSIVE PRESS RELEASE

This week, on October 21, 2008, Mr. Berg released the result of his investigation. In a startling press release, he has announced that 'Obama & DNC admit all allegations in Berg v. Obama.'
In his release, Berg explained that 'by way of failure to timely respond to Requests for Admissions...the DNC `ADMITTED' that Obama is 'NOT QUALIFIED' to be President and therefore Obama must immediately withdraw his candidacy for President and the DNC shall substitute a qualified candidate.'

Berg stated that he filed Requests for Admissions on September 15, 2008 with a response by way of answer or objection had to be served within thirty [30] days. No response to the Requests for Admissions was served by way of response or objection. Thus, all of the Admissions directed to Obama and the DNC are deemed 'ADMITTED.' Therefore, Obama must immediately withdraw his candidacy for President.

According to Berg, Obama - by default - admitted to every charge the lawyer made, among them:
1. I was born in Kenya.
2. I am a Kenya 'natural born' citizen.
3. My foreign birth was registered in the State of Hawaii.
4. My father, Barrack Hussein Obama, Sr. admitted Paternity of me.
5. My mother gave birth to me in Mombosa, Kenya.



The list includes 56 admissions.



The DNC's admissions, which number 27, include that:
1. They nominated Barack Hussein Obama as the Democratic Nominee for President.
2. They have not vetted Barack Hussein Obama.
3. They did not have a background check performed on Barack Hussein Obama.
4. They did not verify Barack Hussein Obama's eligibility to serve as President of the United States.
5. Barack Hussein Obama was born in Kenya.

For the entire list, go to: http://www.obamacrimes.com/

WHAT HAPPENS NOW?

Interest in this case is understandably intense. Berg's website has already received over 55 million hits. But predictably, the overwhelmingly liberal media has yet to pick up on this story, as if ignoring a story that has profound implications for our Republic and for the potential of a Constitutional crisis is less important than discussing Sarah Palin's wardrobe.

It's possible that all the states that are working on obtaining Obama's birth certificat e will simultaneously remove him from the ballot at one time. It's also possible that, failing to produce the birth certificate, Obama will voluntarily step aside, leaving a breach through which Hillary will walk.

Meanwhile, as legal challenges proceed at warp speed, and Obama's lawyers scramble to avoid the Scandal of the Century, one thing remains intractably the same: Obama still has not produced proof of his eligibility to run for office.

Joan Swirsky is a New York-based journalist and author who can be reached at joansharon@aol.com <mailto:joansharon@aol.com> This e-mail address is being protected from spam bots, you need JavaScript enabled to view it. This article also appeared on Right Side News.


Saturday, October 25, 2008
Lawsuit Against Obama Dismissed from Philadelphia Federal Court


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.


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.
A judge’s attitude toward the factual foundation of a plaintiff’s claims is an essential factor in understanding just who indeed has standing to sue. The question running to the heart of the standing doctrine is whether or not the plaintiff indeed has a personal stake in the outcome of the otherwise justiciable matter being adjudicated. As has been discussed before many times here at America’s Right, a plaintiff wishing to have standing to sue must show (1) a particularized injury-in-fact, (2) evidence showing that that the party being sued actually caused the plaintiff’s particularized injury-in-fact, and (3) that adjudication of the matter would actually provide redress.

In this case, Judge Surrick’s attitude toward the evidence presented by Berg to support his allegations figures in heavily because, while there is a three-pronged test to standing in itself, there is no definitive test by which the court can determine whether a certain harm is enough to satisfy the first element of that three-pronged test by showing true injury-in-fact. Traditionally, it hasn’t taken much to satisfy the need for an injury-in-fact, but as the plaintiff’s claimed injury is perceived as being more remote, more creative, or more speculative, the injury-in-fact requirement becomes more difficult to satisfy.

As it were, much of Berg’s basis for injury-in-fact could be considered threatened injury–he felt that the country was at risk for “voter disenfranchisementâ€

The lack of standing concept is an attempt, going way back in Engllish-speaking law tradition, to prevent 'vexatious ligitation.' Without safeguards, anybody with deep enough pockets, or pro se talent, could go after anybody for anything. This would be especially bad back in the days when a lot of personal matters were illegal (i.e. certain activities between consenting adults)

As of now, Obama has posted more documentary evidence of citizenship than I could muster in a hurry. People are claiming that the certificate posted on the website doesn't have a raised seal, others claim that they handled it and it does so.

Some are crying out for more information, like what hospital. But my mother's certificate from a different state has the same lack of information, in fact hers doesn't even mention her race. Yet it was deemed legal and sufficient to prove her citizenship.

In decades past, 7-10 years was the common length of time for medical records to be kept, so there may not be a hospital or doctors office record left for Obama. Or me.

While I understand that anyone can post a birth announcement in a paper, Obama's birth announcement was not posted by his family, but by the local health department in a regular column for announcing births (as was the custom until recent decades). It gives a Honolulu address for the family.

Some people are seeing all sorts of skullduggery here because they are beginning, not ending, with the assumption that Obama is up to no good and hiding something. There are warnings to be heeded here. Philip Berg was a strong Hillary supporter, and has a local (Pennsylvania) reputation as somewhat of a crank. Some wonder if this is a sting being set up for the remains of the conservate right, who will then be branded with the wingnut label when the dust settles. Some people, IMO, are giving their feelings about Obama too much weight, and what if they are wrong?

Yes, Obama is holding his cards close to his chest. But no, the case against his citizenship is no slam-dunk.

IF we do not have the right to ask if a candidacy is in compliance of the constitution, then WE THE PEOPLE have no rights to question our government at all. IF "WE THE PEOPLE" have no right to question our government, we are no longer the "Land of the Free".

If I understand the process correctly, someone in Congress will have to raise the issue. I suspect that the Supreme Court will refuse to hear Berg's case. I also glanced at the Federal Court's ruling, and some of the language that Judge Surrick directed at Philip Berg was pretty scathing.

I'm not sure what would satisfy the people who are passionate on this point. I'm not sure if enough documentation still exists to make everyone happy.

A Democrat candidate should have no need to "keep his cards clost to his vest." He will always have the fuul cooperation & sanctuary of all media. That is of course unless it is a richer or more powerful liberal who is doing the asking. My 1951 birth certificate is available for pruchase in Richmond VA because I was born in Arlington. I"ve gone there & bought it!

I will be the first to agree that polititians should not have to go through some of the anal exams that the media puts them through but this is an important Constitutional matter. Juan McAmnesty was born in Panama to military parents. Questions came up, he produced documents, & it was cleared up. Osama Barak is blocking access to birth & medical records. This alone should be a red flag!

Remember John Kerry blocking accrss to his military & college records? It was because he didn't want it known that he "dumb oaf" Bush got far better college grades & was smarter than he. And Bill Clinton was the 1st president to keep his medical records secret to hide that unusual mark that Paula Jones identified. So this is a common Democrat tactic.

But what if the birth certificate posted on the Obama team's site turns out to be either a) the real deal, or b) unfalsifyable (i.e. Hawaii refuses to deny it)?

A birth certificate of that type, if it has a raised seal (and some folks claim to have felt it), is considered sufficient to establish citizenship.

In other words, the Obama camp may sincerely believe that they've already done enough to settle the citizenship question.

The school records and that other stuff, they may feel, has no bearing on the issue. I assume his degree, and that of Mrs. Obama, has been verified.

If all is real & on the up & up what I would do is to send a surrogate to court & present it to the judge. That would be a very simple matter. I'm sure there are hundreds of ACORN volunteers who would love to perform the task.

Osama's paternal grandmother has reported to have stated that she was present at his birth in Kenya. Further, his medical records there have been sealed. Why? And if he has just flown back to Hawaii to see the deathly ill grandmother who raised him, why didn't the family go with him? If your husband went thousands of miles for a last visit with the grandmother who raised him, wouldn't you take the wife & kids? I would. In fact, I'm flying back to the DC area to see a dying ex-mother-in-law who I've known for 35 years. My kids will be there as well. So it causes me to wonder if maybe he isn't just going there to "fix" some paperwork while the court cases are stalled. I'm sure someone with the connections he must have could easily have an "official" document made for him.

I also read that his school records are sealed...wonder if he went to school on a foreign exchange type of deal?????? With Kenya as his country???????

This is the most secretive presidential candidate I've seen in my 65 years
along with the most corrupt media, it is a dangerous situation for America.

Agreed. He went to school in Indonesia under the name "Barry Soetoro". Attendance in an Indonesian school REQUIRES Indonesian citizenship. Indonesia did'does not allow duel citizenship so he would have had to give up any other citizenship to attend. There are no records of his obtaining US citizenship after that.