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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: 2347
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. *

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Begin Trace Mode for Comment # 67.

#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  


#5. To: lodwick (#1)

"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  


#8. To: Ferret Mike (#5)

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  


#24. To: lodwick, Ferret Mike, angle, vast (#8)

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  


#25. To: scrapper2 (#24)

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  


#38. To: Ferret Mike (#25)

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

That of course explains why Oh'bummer will not, cannot, produce a valid proof of Birth.

As well that does not even settle the situation in Indonesia and the likely possibility that his citizenship, if he ever qualified, was discarded to become an Indonesian citizen.

Face it Mike Oh'bummer is bad news. Since like the, unlamented Robin, you are probably a single issue, Government Hellthcare, voter and getting Oh'Bummer only guarantees that the Pharmaceutical Companies will dictate your Hellthcare and you'll get the eugenics general human extermination program the insane cabal that owns Oh'bummer wants. Don't forget Big Pharma has supported Oh'bummer at a rate of about 5 to 1 in campaign bribes over McScrewball.

At least with McNutz we likely get gridlock. Desirable from my perspective on slowing down the Police State set up under Bush-Clinton-Bush.

Original_Intent  posted on  2008-10-27   11:19:53 ET  Reply   Untrace   Trace   Private Reply  


#59. To: Original_Intent (#38)

Fair notice, I never bozo, but I am done with fantasy birth threads. I have no interest in wasting my time with them. Barack Obama was born in Hawaii. Jerk yourselves off on this crap without me, I answer no pings any more to these garbage threads on this topic.

Ferret Mike  posted on  2008-10-30   23:37:42 ET  Reply   Untrace   Trace   Private Reply  


#61. To: Ferret Mike (#59) (Edited)

Fair notice, I never bozo, but I am done with fantasy birth threads. I have no interest in wasting my time with them. Barack Obama was born in Hawaii. Jerk yourselves off on this crap without me, I answer no pings any more to these garbage threads on this topic.

You are simply avoiding the issues.

Even without the likelyhood of a foreign birth being covered up - which you are in adamant denial on - "you can't make me look, you can't, you can't, you can't" ... There are plenty of question marks regarding the Obamessiah and how he was rapidly built up and presented as a candidate from nowhere. That of course fits the "Silver Blaze" criterion: "But Holmes the dog did not bark in the night." "Exactly Watson and that is what was curious."

Either you can continue to live in denial or you can confront reality however harsh it might seem. I much prefer living in reality however grim it may now be. The only way the course can be righted is to first confront reality and see things as they are not as you would wish them to be.

Original_Intent  posted on  2008-10-31   0:39:27 ET  Reply   Untrace   Trace   Private Reply  


#63. To: Original_Intent (#61)

"You are simply avoiding the issues."

Read my lips thick headed one, I--D-O-N'T--B-U-Y--T-H-E--L-I-E.

Quite simply, the story is bull shit. You are a loon if you swallow it, and that is a personal problem of yours' I don't have any interest in.

Ferret Mike  posted on  2008-10-31   5:37:31 ET  Reply   Untrace   Trace   Private Reply  


#65. To: Ferret Mike, christine (#63) (Edited)

Read my lips thick headed one, I--D-O-N'T--B-U-Y--T-H-E--L-I-E.

Quite simply, the story is bull shit.

And you know this to be true how?

I am not so much arguing it to be true as pointing out that there is insufficient evidence to substantiate it, and that the actions of the principal parties is such as to suggest that they are hiding something. What that hidden something is I cannot state because is in fact being hidden.

In approaching any question of fact I attempt to apply principles of sound reasoning regardless of how I would "prefer to believe". Churchill, whatever his failings, was known to turn a good phrase. "Truth is incontrovertible, malice may attack it and ignorance may deride it, but, in the end, there it is. ..." That which is true remains true regardless of how we would fool ourselves and prefer to believe something else. Not desiring the truth, or not knowing it, results in false conclusions. I do not like false conclusions as they have a nasty way of biting.

The evidences presented so far are such as to strongly suggest that the manner and place of his birth is being covered over.

Why would they do that if all is on the "up and up"?

It is not even my argument that McNutz is a better man. He's not.

I do however, care about the rule of law, and that "goddamn piece of paper" which we laughingly call a Constitution.

If he is not qualified per the Constitution, and if that is the case it would seem to knowingly so, what does that say about Oh'Bummer's respect for the rule of law?

Original_Intent  posted on  2008-10-31   10:43:42 ET  Reply   Untrace   Trace   Private Reply  


#66. To: Original_Intent (#65) (Edited)

Fuck off. Can't you understand English? So why are you pinging Christine? I am not obliged to indulge in your fantasies.

Ferret Mike  posted on  2008-10-31   11:17:45 ET  Reply   Untrace   Trace   Private Reply  


#67. To: Ferret Mike (#66)

This may shock you but at first I thought like you ...what's the big deal here? Then I looked closer and as usual when one does that it creates more questions than answers and neither add up,heres a few of the problems

Being born in Bulawayo Zimbabwe I am often requested to show proof of my legal status from the DMV to renting a apartment why is this a problem for Obama surely they have tighter requirements when you apply to become a senator

Why did a Republican governor seal the records till Nov 5th

Is the judges ruling more important in the context of what standing does the citizen have when he challenges the constitutionality of anything after he found Berk had no standing for failure to show injury was Burk stupid in his filings did he file in the the wrong court?

Something is not right here I don't have the answers but I'll keep digging

robnoel  posted on  2008-10-31   11:40:21 ET  Reply   Untrace   Trace   Private Reply  


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