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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: 2319
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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#1. To: angle (#0)
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. Is the court inferring the need for a "Class Action Suit" or that regardless of the number of people complaining they nor Berg "STANDING" to sue,. It's the same old shit. Lower courts either "routinely" deny the claim or (in criminal matters) find someone guilty and let them appeal the decision for a hundred fucking years and spend a million dollars. It's bullshit. If anyone in this audience doubts we're in a bar-free prison they're deaf, dumb, and blind. The CONstitutional qualifications to become the President are clear. The court's reluctance to mandate the enforcement of this requirement demonstrates a glaring arrogance disrespecting the law that pales compared to Obama's. All he ever needed to do was provide an Original/Certified copy of his birth certificate, which should have been required prior to placement on any ballot in the Primaries. If this doesn't clearly demonstrate the non-status / non-existence of the CONstitution what will ?
There is no honor in bending one's knee to the banking elites that are robbing the children you claim to love of their future. Soon they'll convince those very same children that you deserve to be eliminated ... and they may be right.
Your analysis stands vindicated.
"The difference between an honorable man and a moral man is that an honorable man regrets a discreditable act even when it has worked and he is in no danger of being caught." ~ H. L. Mencken
Too vague and attenuated ... like where's the birth certificate is too vague ... gimme a break.
There is no honor in bending one's knee to the banking elites that are robbing the children you claim to love of their future. Soon they'll convince those very same children that you deserve to be eliminated ... and they may be right.
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.
Berg has been on 3 nationwide radio talk shows. The next step is to appeal to the Court of Appeals on Monday. If they turn him down, he can appeal to the Supreme Court. Berg has a tape of Sarah Obama made during the last debate saying that her grandson Obama was born in Kenya. He will release it as soon as he has a certified translation. That will make the radio talk shows burn up the air waves. Whatever way the Supreme Court rules will bring the issue to the headlines. It g could change the race. McCain is a worthless candidate. A radio talk show host if he did win it would only be because he was carried across the finish line. Bob Barr or Chuck Baldwin could solve the problem of standing by joining his lawsuit. Their lack of participation says a lot about them. Berg emailed me and said he would contact Baldwin but I guess he could not det through to him.
The Truth of 911 Shall Set You Free From The Lie
Hounddawg made a good analysis of this lawsuit.
His black grandmother says that she remembers his birth in Kenya. BHO's silence is damning enough evidence.
as do other relatives
It's the second mouse that gets the cheese
There are more than one copy of a birth certificate. If one exists, it's required to qualify to hold this particular public office and should definitely be produced prior to election day. The State of Hawaii should then be mandated to produce it. A college graduate should know when to use the word "then" and the word "than" ... actually a 4th grader should be capable.
There is no honor in bending one's knee to the banking elites that are robbing the children you claim to love of their future. Soon they'll convince those very same children that you deserve to be eliminated ... and they may be right.
Hillary would be a better choice.
Since Obama obviously or pretty close to obviously isn'a a citizen. Are you going to vote for McCain to make sure that a foreigner doesn't rule over us?
Hounddawg accused me of hating whites and having something to hide. My silence is "damning evidence"? Not.
Since Obama obviously or pretty close to obviously isn'a a citizen. Are you going to vote for McCain to make sure that a foreigner doesn't rule over us? I don't think you know what obviously means. There isn't one shred of evidence that anyone can back up that Obama was born anywhere other than in Honolulu.
Berg will release the tape of Sarah Obama saying her grandson was born in Kenya will be released as soon as the translation can be verified.
The Truth of 911 Shall Set You Free From The Lie
Obama refuesed to provide his birth certificate. He is ineligible.
I don't know what you're talking about.
That particular argument does sound bogus. Then again, court filings are typically filled with every kitchen sink argument a lawyer can dream up, since any not presented can't be argued on appeal. But it's entirely possible the judge has NO desire to be the one guy in the country to kick Obama off the ballot. He/his family/his home might not survive the week, especially in Philly. His safest bet is to hand it off to his big brothers in robes and let them deal with it.
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.
"A leader, for a change." - Jimmy Carter, 1976 campaign slogan. Sound familiar? Here it comes again!
In a "what caliber should I use to blow my brains out" kinda way... ;-)
Bring on the Depression. Bring it the F*** ON! If digging ditches and eating beans for a few years is what it takes for me to see some worthless sacks of crap bankers and politicians living in sack cloth and being spat upon by my fellow Americans well... where's my shovel?!?!
You say obama's silence is damning. I say perhaps the charges are ludicrous and not worthy of response. That's what I'm talking about.
Other than his grandmother and a couple of other witnesses who were in the delivery room in the hospital in Kenya where they said he was born? And keep in mind that the grandma in Africa is not the one he threw under the bus but ol' whitey--the one who pretty much raised his ungrateful ass--who he has gone to see now with big crocodile tears in his eyes.
Liberty is not a means to a higher political end. It is itself the highest political end. 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.
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?
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.
LOL! Agreed, however, she is one who could claim damage and therefore have standing to file the suit.
I agree.
There is no honor in bending one's knee to the banking elites that are robbing the children you claim to love of their future. Soon they'll convince those very same children that you deserve to be eliminated ... and they may be right.
Proving natural born citizenship is required, what's ludicrous about asking for the birth certificate ?
There is no honor in bending one's knee to the banking elites that are robbing the children you claim to love of their future. Soon they'll convince those very same children that you deserve to be eliminated ... and they may be right.
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?
"A leader, for a change." - Jimmy Carter, 1976 campaign slogan. Sound familiar? Here it comes again!
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)
That much is the only thing that is perfectly clear.
"The difference between an honorable man and a moral man is that an honorable man regrets a discreditable act even when it has worked and he is in no danger of being caught." ~ H. L. Mencken
Concur. People are so desperate for anything other than what they have currently that they are willing to take anything and aren't vetting properly. Last time the voters did this, we got Carter then Reagan. Looks like we're about to see a repeat.
"A leader, for a change." - Jimmy Carter, 1976 campaign slogan. Sound familiar? Here it comes again!
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?
Liberty is not a means to a higher political end. It is itself the highest political end. What bothers me is that there is no "real choice" in the Presidential race, at least not if one wishes to affect the outcome. On either side, people are not going to be voting for a candidate they really want, but rather, they are voting AGAINST one or the other. Obama continues to run against Bush. Third parties will take the "Both of you - OUT!" votes. ...but nobody is voting for a candidate they say "Yes, this person would make an excellent President" for that reason. Not even 4um's Obama fanatics are taking that road. They just don't want McCain and that is their primary motivator.
"A leader, for a change." - Jimmy Carter, 1976 campaign slogan. Sound familiar? Here it comes again!
Actually, there is one guy running that I would gladly vote for and I do believe would be an excellent President. Chuck Baldwin. But he didn't make the ballot in this state and they don't count write in votes. When he was still in the race, Ron Paul was my choice and I have always liked Ron. The only chance I have ever had to vote for him was when he ran as a Libertarian in '88 and I voted for him then. Been a LONG time since I voted for any establishment whore and I am not going to mess that up this year by voting for either of their hand-picked losers who have sold us out.
Liberty is not a means to a higher political end. It is itself the highest political end. Amen.
I voted for Dr. Paul in the primary myself and would prefer him to any of the folks running for President, whether they are on the ballot or not at this present time. My vote went third-party once again. I've only voted "establishment" for President once, and not since.
"A leader, for a change." - Jimmy Carter, 1976 campaign slogan. Sound familiar? Here it comes again!
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.
"The difference between an honorable man and a moral man is that an honorable man regrets a discreditable act even when it has worked and he is in no danger of being caught." ~ H. L. Mencken
If elected POUSA how will he get a security clearance??
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.
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Top • Page Up • Full Thread • Page Down • Bottom/LatestTruth takes it in the shorts, again.
#2. To: angle (#0)
(Edited)
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.
#3. To: HOUNDDAWG (#0)
#4. To: angle (#0)
Berg's allegations of harm were "too vague and too attenuated"
#5. To: lodwick (#1)
"Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4."
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#6. To: Original_Intent, noone222, HOUNDDAWG, angle, Christine (#3)
#7. To: noone222 (#4)
#8. To: Ferret Mike (#5)
#9. To: lodwick (#8)
His black grandmother says that she remembers his birth in Kenya.
#10. To: Ferret Mike (#5)
(Edited)
#11. To: Horse (#6)
Bob Barr or Chuck Baldwin could solve the problem of standing by joining his lawsuit. Their lack of participation says a lot about them. Berg emailed me and said he would contact Baldwin but I guess he could not det through to him.
I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs. —Thomas Jefferson, 1802
#12. To: angle (#7)
Hounddawg made a good analysis of this lawsuit.
#13. To: lodwick (#8)
BHO's silence is damning enough evidence.
#14. To: Old Friend (#12)
#15. To: Rhino369, Old Friend (#14)
There isn't one shred of evidence
#16. To: Rhino369 (#14)
I don't think you know what obviously means. There isn't one shred of evidence that anyone can back up that Obama was born anywhere other than in Honolulu.
#17. To: angle (#13)
Hounddawg accused me of hating whites and having something to hide. My silence is "damning evidence"? Not.
#18. To: angle (#0)
For example, Berg had claimed that Obama's nomination deprived citizens of voting for Sen. Hillary Clinton in November.
#19. To: Ferret Mike (#5)
#20. To: farmfriend (#11)
Hillary would be a better choice.
#21. To: lodwick (#17)
I don't know what you're talking about.
#22. To: Rhino369 (#14)
(Edited)
There isn't one shred of evidence that anyone can back up that Obama was born anywhere other than in Honolulu.
Lord Acton
#23. To: mirage (#19)
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#24. To: lodwick, Ferret Mike, angle, vast (#8)
His black grandmother says that she remembers his birth in Kenya.
#25. To: scrapper2 (#24)
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#26. To: Axenolith (#20)
In a "what caliber should I use to blow my brains out" kinda way... ;-)
I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs. —Thomas Jefferson, 1802
#27. To: angle (#7)
Hounddawg made a good analysis of this lawsuit
#28. To: angle (#21)
I say perhaps the charges are ludicrous
#29. To: Ferret Mike (#23)
(Edited)
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.
#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.
#31. To: TwentyTwelve, mirage, Ferret Mike (#30)
Obama is obviously hiding something!
#32. To: Original_Intent (#31)
Obama is obviously hiding something!
That much is the only thing that is perfectly clear.
#33. To: mirage (#29)
If Obama can't respect the Constitution enough to establish his credentials, then no American should have any respect for him as President.
Lord Acton
#34. To: James Deffenbach (#33)
McCain will suck up the votes of those who can't stand Obama or don't like that kind of campaigning.
#35. To: mirage (#34)
...but nobody is voting for a candidate they say "Yes, this person would make an excellent President" for that reason. Not even 4um's Obama fanatics are taking that road. They just don't want McCain and that is their primary motivator.
Lord Acton
#36. To: James Deffenbach (#35)
Been a LONG time since I voted for any establishment whore and I am not going to mess that up this year by voting for either of their hand-picked losers who have sold us out.
#37. To: James Deffenbach (#35)
#38. To: Ferret Mike (#25)
There is nothing about this case that deserves to be given standing.
#39. To: scrapper2 (#24)
If Obama wants to be President of the USA, he needs to prove his eligibility. Period.
#40. To: Ferret Mike (#25)
(Edited)
But this time around, Swift Boating is old news
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