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Title: Judge rejects Montco lawyer's bid to have Obama removed from ballot
Source: Philadelphia Daily News
URL Source: http://www.philly.com/dailynews/loc ... Obama_removed_from_ballot.html
Published: Oct 25, 2008
Author: By MICHAEL HINKELMAN
Post Date: 2008-10-25 10:44:09 by angle
Keywords: None
Views: 2255
Comments: 88

hinkelm@phillynews.com 215-854-2656

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. Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.

Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.

He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.

U.S. District Judge R. Barclay Surrick had denied Berg's request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.

Obama and the Democratic National Committee had asked Surrick to dismiss Berg's complaint in a court filing on Sept. 24.

They said that Berg's claims were "ridiculous" and "patently false," that Berg had "no standing" to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

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."

The judge also said the harm Berg alleged did "not constitute an injury in fact" and Berg's arguments to the contrary "ventured into the unreasonable."

For example, Berg had claimed that Obama's nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4. *

Post Comment   Private Reply   Ignore Thread  

Begin Trace Mode for Comment # 29.

#1. To: angle (#0)

Truth takes it in the shorts, again.

Lod  posted on  2008-10-25   11:27:35 ET  Reply   Untrace   Trace   Private Reply  

"Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4."

You can't hide this. I'm sure that it's unlikely any newsprint from that year is doing well in Hawaii, but I'm also sure microfiche copies exist of this newspaper page. Remember, once microfiche has been imprinted, it is unalterable.

Any alterations would be obvious even if it were possible. Not to mention, more then one microfiche of this is more likely then not to exist.

I always knew this was a bullshit suit, but if this idiot is so sure of himself - and I'm sure he's aware of his con - he can easily prove whether or not this is true about the newspaper record of this, even with no access to the original birth certificate himself.

Ferret Mike  posted on  2008-10-25   12:26:44 ET  Reply   Untrace   Trace   Private Reply  

Newspapers print birth announcements they are given, just like marriages.

They don't do background checking on them.

If your argument is that the Constitution no longer applies, please make that case. You will find support on this forum.

mirage  posted on  2008-10-25   13:27:18 ET  Reply   Untrace   Trace   Private Reply  

This case arose solely out of brain storming on how approach Swift Boating in regards to Obama and on what. I support the ruling, it makes good sense.

There is no 'search for the truth,' there is recognition Swift Boating worked unfairly in Kerry, and a desire to repeat the success. That won't work with Barack Obama, he is way too formidable to not note what to watch for, and then figure out how to counter it.

Barack Obama is going to be the 44th president of the United States and will serve eight years at the most. And he was born in Hawaii.

Ferret Mike  posted on  2008-10-25   14:41:06 ET  Reply   Untrace   Trace   Private Reply  

Barack Obama is going to be the 44th president of the United States and will serve eight years at the most. And he was born in Hawaii.

Not if he doesn't meet the Constitutional requirements, he isn't. and there is no substantial proof as to where he was born that has been presented.

If you guys try to force him and he doesn't meet the Constitutional requirements, then you issue a clarion call for Revolution. In face, you invite it and you demand it.

Do you really want to go there?

This whole issue could go away very quickly. The real question is what does Obama have to hide that he doesn't make it go away very quickly.

What does he have in his closet that he doesn't make this issue disappear instantly? What other lies has he told?

That's the problem. This issue could disappear instantly, only, for whatever reason, Obama chooses to let it fester and so it grows until it takes on a life of its own.

If Obama can't respect the Constitution enough to establish his credentials, then no American should have any respect for him as President.

The Obama campaign opened this can of worms trying to bounce McCain. Now Obama gets to feel the same.

To make matters worse, you, Mike, took an oath to protect and defend the Constitution against all enemies foreign and domestic. Your candidate has not shown that he meets the Constitutional requirements to be elected President. YOU of all people should be demanding proof.

Or was your oath nothing, just "mere words" that you uttered and are devoid of any meaning?

mirage  posted on  2008-10-26   0:04:20 ET  Reply   Untrace   Trace   Private Reply  

#30. To: mirage, Ferret Mike, ALL (#29)

Barack Obama is going to be the 44th president of the United States and will serve eight years at the most. And he was born in Hawaii.

Not if he doesn't meet the Constitutional requirements, he isn't. and there is no substantial proof as to where he was born that has been presented.

If you guys try to force him and he doesn't meet the Constitutional requirements, then you issue a clarion call for Revolution. In face, you invite it and you demand it.

Do you really want to go there?

This whole issue could go away very quickly. The real question is what does Obama have to hide that he doesn't make it go away very quickly.

What does he have in his closet that he doesn't make this issue disappear instantly? What other lies has he told?

That's the problem. This issue could disappear instantly, only, for whatever reason, Obama chooses to let it fester and so it grows until it takes on a life of its own.

If Obama can't respect the Constitution enough to establish his credentials, then no American should have any respect for him as President.

Obama is obviously hiding something!

Title: SPACE RESERVED FOR NEWS ON COURT ORDER (BERG Vs. OBAMA)

TwentyTwelve  posted on  2008-10-26 00:10:31 ET  Reply   Untrace   Trace   Private Reply  

If Obama can't respect the Constitution enough to establish his credentials, then no American should have any respect for him as President.

I don't even have any respect for him as an individual, let alone President. If he is elected I believe he will prove to be worse than Bush before the first year is over. And that is something I don't say lightly because I didn't think it could get any worse than Clinton but Bush proved me wrong. And I think Obama will be a disaster for this country. I think the same is true of McCain but at least everyone KNOWS that McCain is an actual American citizen. Lots of us aren't that sure about Obama and he doesn't care enough to end the controversy. And you gotta wonder what it is in his background that is so bad that he is going to these lengths to hide it. Is it just the fact that he is not really a citizen or is it because his "uncle Frank" is in reality his old man?

James Deffenbach  posted on  2008-10-27 09:43:59 ET  Reply   Untrace   Trace   Private Reply  

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