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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: 2290
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 # 50.

#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  

His black grandmother says that she remembers his birth in Kenya.

BHO's silence is damning enough evidence.

Lod  posted on  2008-10-25   12:39:02 ET  Reply   Untrace   Trace   Private Reply  

His black grandmother says that she remembers his birth in Kenya.

BHO's silence is damning enough evidence.

I don't understand why Obama and McCain are not REQUIRED - from the get go - to produce a bona fide birth certificate to the Elections Commission and those birth certificates need to be made available to public scrutiny in the FEC's office. Screw Obama's silence. If Obama wants to be President of the USA, he needs to prove his eligibility. Period.

I also believe that anyone who registers to vote in federal and state elections needs to produce proof of holding US CITIZENSHIP at the time of registration. On voting day, picture ID needs to be produced before a person is allowed to vote. Period.

It violates every US citizen's rights when inelegible Pres candidates are allowed to run for the Oval Office and when non-US citizens are allowed to vote. I have no idea why legal organizations like the ACLU have not challenged the loosey-goosey practices that are allowed in America today. Holding elected office and voting are the two most important and formerly cherished aspects of US citizenship. Do any of you think the Founding Fathers would want non-citizens to vote or to run for public office?

scrapper2  posted on  2008-10-25   15:04:56 ET  Reply   Untrace   Trace   Private Reply  

This game exploits the fears of Islamic or native African exoticness, exacerbated by what racist culture still exists in the United States.

There is no doubt enough at stake to make people take the risk of completely discrediting themselves with a slap suit like this one for some idiot to make a go at it.

But this time around, Swift Boating is old news and a factor that is dealt with with competence and with very little fanfare, which is how it should be.

Barack Obama was born in Hawaii, John McCain was born in Panama. So one wild card in this bull shit game from the get go is that McCain himself is not native born.

He just has fifty percent more American national blood as credentials to back up his claim be is not what the founders wanted excluded from the applicant pool for the presidency. Even if this fairy tale were to be true in some parallel universe somewhere.

I say stop being cry babies and that if junkies can get help and get off of dope, Republicans can get help and get off of the quick and dirty fix called Swift Boating attacks.

There is nothing about this case that deserves to be given standing.

Ferret Mike  posted on  2008-10-25   15:43:46 ET  Reply   Untrace   Trace   Private Reply  

But this time around, Swift Boating is old news

Since you mentioned it (swift boating), I thought I might respond. If you wanted to look back at the Bush/Kerry election cycle, you would see that I never uttered a word about Kerry. And, if I did it wasn't about swift boats or anything that would indicate any difference between him and Bush. (I have always hated Bush and Kerry).

Obama is the most dangerous affront to the American way of life I have ever witnessed. He's a communist. He has no respect for the law or the Constitution that he will swear to uphold and defend should he be elected. His first utterances as President will be blatant lies, and afterwards it will get far worse, it generally does.

A simple thing like showing the American people that he was born in the U.S. in order to prove he qualifies for the office shouldn't be too difficult. The fact that he refuses to do this simple task indicates that the birth certificate doesn't exist or there is something about the document that he wishes to keep secret.

If the birth certificate indicates that his father was someone besides what we've been told, who cares, it doesn't eliminate him as a potential president. If he feels this information is too important to reveal and then chooses to keep the information secret he should withdraw from the race.

Frankly, all of the candidates are criminals, but to watch this man flaunt the laws and the Constitution prior to achieving office is beyond scary, it's insanity. I would readily admit that Bush has destroyed the Republican Party and the country if it hadn't already been destroyed before his arrival and he was just adding the necessary police state legal planks for someone like Obama to implement.

noone222  posted on  2008-10-27   11:41:25 ET  Reply   Untrace   Trace   Private Reply  

a. Frankly, all of the candidates are criminals, but to watch this man flaunt the laws and the Constitution prior to achieving office is beyond scary, it's insanity.

b. I would readily admit that Bush has destroyed the Republican Party and the country if it hadn't already been destroyed before his arrival and he was just adding the necessary police state legal planks for someone like Obama to implement.

a. I wholeheartedly agree with you. Obama should have VOLUNTEERED to produce his birth certificate for public scrutiny months ago. Ditto for McCain. Both candidates are running for the most powerful ELECTED position in our nation. It is absolutely essential that the electorate ( not friggin's Dem or Republican parties) be satisfied that the candidates satisfy Constitutional requirements to assume office.

Mike, you used to have what I considered a reasonable and sensible mind. How partisan and blind you are showing yourself to be about Obama and this issue of his eligibility to run for US President. You realize of course that each President recites the following oath at inauguration and in accordance with Article II, Section of the US Constitution:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Preserving and protecting and defending THE CONSTITUTION are vital responsibilities of the Office of President and so it follows that it is vital that any candidate running for this constitutionally enshrined office needs to show beyond any shadow of doubt to the US electorate at large, proof of US citizenship and eligibility to run for this office.

Whether you or I like it or not, John McCain's 1936 birth to 2 US citizens on a military base in the Panama Canal zone makes him eligible to run as a US Presidential candidate per US Code:

www.law.cornell.edu/uscode/8/1403.html

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1403

§ 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

As to Barack Obama his eligibility is highly suspect and that's why he needs to produce his birth certificate to allay concerns. It has zero to do with "Swift boating" Obama because he had a Muslim father. Rather it has all to do with Obama's mother and her eligibility to pass on US citizenship to her son under US law at the time. And the person formally questioning Obama's eligibility is a life long Democrat, Philip Berg, not someone from the Republican Party, another fact that defuses your notion that Obama is being "swift boated."

Here's some cut and paste from various sites that summarize the issues.

...the laws on the books at the time of his birth hold that U.S. citizenship may only pass to a child born overseas to a U.S. citizen parent and non-citizen parent if the former was at least 19 years of age. Sen. Obama’s mother was only 18 at the time. Therefore, because U.S. citizenship could not legally be passed on to him...

...Plaintiff Berg is seeking redress from his being denied the opportunity to vote for a Democratic candidate who could legally serve as the president of the United States. This suit demonstrates that all U.S. voters are being denied this opportunity. To preclude a looming national crisis, Berg asked the court, in his suit initiated on August 21, 2008, to order that Obama and the Democratic National Committee produce numerous documents relating to the candidate’s citizenship.

... So far, Obama and the DNC have attempted to stall, sideline, and defeat Berg’s simplest request: that the candidate produce, in particular, an officially verified, crimp-sealed photocopy of Obama’s original, unabridged birth certificate. If an original exists, it would have been signed in ink at the actual time of Obama’s birth by the doctor and administrator in the Honolulu hospital Obama claims as his place of birth. This long-form birth certificate would be expected to include other detailed information typical of such a document. The short-form certificate displayed on Obama’s official Website is not such a document. In fact, hard as this may be to believe, it is likely an altered version of a Hawaii document referencing the birth of Obama’s half-sister.

Obama’s mother, then a U.S. citizen, resided while pregnant in Kenya during her brief marriage to Obama’s natural father, a citizen of Kenya. Berg states he has proof that in 1961, Obama’s mother, because of her very late-stage pregnancy, was denied permission to board a flight from Kenya to Hawaii. She was only able to go to Hawaii after Obama had been born, at which point she attempted to “register” his birth. Berg states he can verify that Obama was in fact born in Kenya. In addition, Obama’s mother, because of her young age, did not meet the residency requirements under U.S. law to give her child U.S. citizenship.

Berg claims that even were Obama to prove a status of “natural born citizen,” he lost that citizenship at age five when, according to Berg’s documentation, Obama’s divorced mother remarried and moved to Indonesia. Mother and son both became Indonesian citizens. The laws at that time required his mother to renounce her U.S. citizenship and thus that of her son....

b. Indeed. That's by the Dems were W's willing partners in the course of the last 8 years, the last 2 years when the Dems held the majority in the House and Congress are the most damning of this complicity.

scrapper2  posted on  2008-10-27   14:34:04 ET  Reply   Untrace   Trace   Private Reply  

Oops, I meant to ping you rather than Ada as a response to your previous message to me.

scrapper2  posted on  2008-10-27   14:54:18 ET  Reply   Untrace   Trace   Private Reply  

Look, the Obama cat will be disqualified and we will end up with Biden and then the race riots will proceed apace..

Lady X  posted on  2008-10-27   15:15:17 ET  Reply   Untrace   Trace   Private Reply  

Look, the Obama cat will be disqualified and we will end up with Biden and then the race riots will proceed apace..

A year ago I would have been dismissive of such a prediction, but what other reason is there for an ineligible Pres candidate, who happens to be black, to run and then be turned aside when ineligibility is demonstrated? This together with the fact that arguably the best qualified Dem candidate - a US citizen Caucasian woman - was not chosen to be the Dem's Pres candidate is most unsettling.

scrapper2  posted on  2008-10-27   16:09:33 ET  Reply   Untrace   Trace   Private Reply  

Okay is there a possibility that this is all political Jerry Springer show and that ultimatly Junior will declare himself dictator for life?

Can we rule that scenario out?

Lady X  posted on  2008-10-27   19:11:02 ET  Reply   Untrace   Trace   Private Reply  

Okay is there a possibility that this is all political Jerry Springer show and that ultimatly Junior will declare himself dictator for life?

Can we rule that scenario out?

No.

He's a mad man who'd like nothing better than to be dictator.

HOUNDDAWG  posted on  2008-10-27   20:18:21 ET  Reply   Untrace   Trace   Private Reply  

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