Judge rejects Montco lawyer's bid to have Obama removed from ballot
Submitted by JeffD on Sat, 10/25/2008 - 08:35By MICHAEL HINKELMAN
The Philadelphia Daily News
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 standard bearer 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. *
No surprise here
We Need to hire Private Investigators to investigate the judge
This judge and all that follow should be investigated, by private investigators, video taped, maybe obtain a legal wire tap, photographed and hounded for quotes. Obama needs to produce a legitimate birth certificate.
The United States and the citizens that comprise it, should demand that this issue be addressed. This is not a frivolous question!
This judge should be investigated, has his finances been enhanced by anyone? His family? wife? children? had a new pay raise of interest?
What party is he registered to?
What party ballot has he taken in the last few Presidential elections?
Democrat or Republican?
Is the Judge a natural born citizen or has the judge been naturalized?
Where does the Judge live?
Does the judge have friends or associates of Obama?
Ask more questions because, I SMELL a RAT ! do you?
Lets research papers, video, anything announcing when the judge was appointed and by whom? lets follow his trail!
Perhaps he is a friend of the Rev. Wright?
--Daryl
Daryl
We have become a totally lawless society...
just like the Old West, and how did outraged citizens respond then?
Produce the Documents Obama
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.
What a joke and a complete fraud. How about the records from Occidental, Columbia and Harvard Law School and the original birth certificate?
Most people have to prove their educational credentials when they apply for a job that pays $400K. But not King Hussein?
I guess that makes me a "conspiracy theorist" for questioning people in positions of power in our apostate government, like King Hussein (Barry Soetoro).
----
Support The Feal Good Foundation. Watch "Dust to Dust" and "Dust to Deceit" to learn about the ongoing 9/11 Holocaust of dying 9/11 First Responders.
----
"...a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people." -John F. Kennedy
Bump
and bump again.
Who
Does the federal judges work for. I think a foreign govenment or something.
I told you this would happen!
"Lack of standing" argument rides again, just like they did with McCain, and just like I predicted...
We "ordinary" citizens
of the U.S. are required to provide an official birth certificate from the state in which we were born for identification purposes for a myriad of reasons. If Obama was born in Hawaii, then his birth certificate is on file at the local department of records.
Produce the record Obama! We require that you do so. As for Judge Surrick and others like him, you're full of crap. What, you believe that we "ordinary" folks are so ignorant to accept that nonsense that you dished out regarding this case. It sure seems that the justice system is disregarding our laws of the land...and Obama.
Also, even though an act of Congress has determined that McCain's birth in Panama has no bearing on whether he is natural born, I continue to say, "so what". It's not the first time the Congress has done something that is unConstitutional. The Constitution states a natural born citizen was born within the United States and a "naturalized" citizen was not born in the United States. Very simple.
There is another thread up
that shows the order drawn up by Berg for summaryjudgment and they claim that the judge ordered Obama off the ballot. This thread needs to be revived.
WOW
I'm soooo surprised!! Now, can all the pointless and irrelevant threads about the NWO Golden Child being dethroned stop, please?
"In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot."--Mark Twain
I have a feeling this is not going away
Otherwise Barry, wouldn't be in Hawaii right now
In Christ,
Dave
Take our Presidential Poll, reflecting all 12 Candidates @
www.lionandlambministry.com
Best Ever Website Design:
www.USDesigns.org
All New, All Christian and Freedom Video Site:
www.lionandlambtv.com
Grace be to you, and peace, from God our Father, and from the Lord Jesus Christ.
In The LORD Jesus Christ;
Dave
"where the Spirit of the LORD is, there is liberty." 2 Cor. 3:17
http://www.lionandlambministry.com
We Need To Hear The Tape With Barry's Granny
saying that he was born in Kenya....
this can't just get swept under the table and it cant just go away -
if Obomba and DNC don't address it - they have to come clean with real
facts - Let's hear the tape!
baldwin 08
If it were anyone else, other than Barry...
How fricken hard is it to produce a birth certificate?
If it were a regular peon, the outcome would be flipped...
Who Governs the Governless?
--------------
Regarding Palin: I believe we are watching in real time the rise of the third party, which will be controlled by the powers that be from its' inception.
Next Scam: "Cash For Cash"
http://www.RonPaul2012.com
Here's a question...
On fightthesmears.com, the Certificate Number for Obama's birth certificate is blacked out. What would the point of doing that be?
"Obama was born in Honolulu
"Obama was born in Honolulu on Aug. 4, 1961..."
"The nonpartisan Web site FactCheck.org..."
These two quotes from the article show that the author is willing to make huge assumptions and simply accept whatever he is told as truth.
lol!
fuck it. face it folks, DEEP CAPTURE. and we hope the JUDICIAL SYSTEM is going to suddenly be on our side? that hasnt been the case for a long time now.
This reminds me of a small claims i filed and went to court over a few months back now. after a state agency investigation confirming negligent services on my car (and having subpoena'd the paper work for the judge to read) along with my own stack of evidence to prove my case, my 'commissioner' sided with the mechanic based on a supposed (hand) written testimony of our conversation on the phone, in pencil, which was a lie across the board. judge favored that hand-written evidence over a state sanctioned bureau investigation!!!
if there is a branch of government that is any more corrupt than any other, i would wager its the judiciary branch. scum!
So with Berg having Supreme Court Creds...it looks like
the High Court will decide this election too
In Christ,
Dave
Take our Presidential Poll, reflecting all 12 Candidates @
www.lionandlambministry.com
Best Ever Website Design:
www.USDesigns.org
All New, All Christian and Freedom Video Site:
www.lionandlambtv.com
Grace be to you, and peace, from God our Father, and from the Lord Jesus Christ.
In The LORD Jesus Christ;
Dave
"where the Spirit of the LORD is, there is liberty." 2 Cor. 3:17
http://www.lionandlambministry.com
i wonder when everyone will come to the conclusion...
that the courts are a joke and not on our side? our enemies are laughing at us each time we try to win using their rules.
we all know the voting machines are rigged. yet i see post after post on here about who we should be voting for.
they control the courts. yet i see many post on filing a complaint that Obama isn't a naturalized US citizen. the same thing went on with McCain earlier this year.
i see post after post trying to prove the government was behind 9/11. what will these truthers do if they come up with definitive evidence? will they take it to the courts that the government controls?
even when we succeed using their rules they change them. just look at Nevada's state convention.
No matter who you vote for, the government always gets in - Bill Hicks
ANOTHER ONE needs to go
NO supprise here LIBERAL bast---.JUDGE..
weee
Berg stated previously that
Berg stated previously that he was licensed to try cases in front of the Supreme Court of the U.S. and that he was ready and willing to take this case to that level if necessary.
I'm not expecting Obama to be getting off this easy. This case is probably far from being over.
...
Philadelphia Lawyers
It's interesting to observe the individual raising the stink about Barak Obama's citizenship, Philip Berg, is a Lawyer practicing in Philadelphia.
Lawyers generally do not evoke shining stereotypes. New York Lawyers are seen as big-city fancy-pants, Washington Lawyers as aiding and abetting corruption and Chicago Lawyers "mobbed up."
But Philadelphia Lawyers have always enjoyed the reputation of being formidable and successful.
Philadelphia started out as the seat of government and was the birth place of the Constitution and American Law. Philadelphia Lawyers served as caretakers of the law in our young Republic.
While all the other challenges surrounding both McCain and Obama's Constitutional qualifications to be President have fizzled and a lower court Judge has ruled Mr. Berg's challenge as "frivolous", he may very well have his grievance redressed on appeal.
KMoore
May our efforts in support of Ron Paul's Campaign For Liberty be blessed with supernatural productivity and success!
May our efforts in support of Ron Paul's Campaign For Liberty be blessed with supernatural productivity and success!
Philadelphia was and still
Philadelphia was and still is the capital of the Original Jurisdiction government of the united States. Washington D.C. is a private plot of land for the state of "Columbia" which is owned by the private foreign corporation known as THE UNITED STATES OF AMERICA.
I reserve the right to govern myself.
I reserve the right to govern myself.
The secret to justice in America,
is to get the best judge money can buy!
I learned that a long time ago, sad but true.
Exactly right! Couldn't be
Exactly right! Couldn't be said better.
SUPPORT OUR FOUNDERS' AMERICA
Support the Constitution of the United States
SUPPORT OUR FOUNDERS' AMERICA
Support the Constitution of the United States
Only
"rule by money."
New Lawsuit!
Can you Sue judges for failing to rule based on facts and laws and instead ruling on their own wishes and opinions? I think we all knew this was gonna happen. When was the last time anyone ever heard of a judge ruling based on laws? They seem to think they can make things up as they go along.
At last debate
when question about appointees to Supreme Court, McCain said would appoint a judge who would follow the rule of law as set forth in the Constitution.
Obama said he would appoint a judge who would judge 'fairly", (thus ignoring the rule of law of the Supreme Court.)
I'm telling everyone, Obama actually tells what he will do and people just ignore the implications.
"he had not shown the
"he had not shown the requisite harm to himself." ???
Uhhhh... I think he showed requisite harm to all of us, if our Constitution is not obeyed.
This doesn't surprise me though. Look at that 1 case in Freedom to Fascism where the judge was saying things like "I will not allow the law in my court room", and telling the jury "you will interpret the law as I give it to you" crap. In that case, the defendant was not allowed to present supreme court cases, "Denied". In this case it was "Frivolous", and "Dismissed".
Figures. It's over America. We can't ever vote the traitors out and we don't have 4 more years. We only have until Jan 21-22 a la Biden/Powell/Albright/Rudd, lol. Better do a gut check and get ready. Get out of the cities.
I know...slick little loophole...
In Christ,
Dave
Take our Presidential Poll, reflecting all 12 Candidates @
www.lionandlambministry.com
Best Ever Website Design:
www.USDesigns.org
All New, All Christian and Freedom Video Site:
www.lionandlambtv.com
Grace be to you, and peace, from God our Father, and from the Lord Jesus Christ.
In The LORD Jesus Christ;
Dave
"where the Spirit of the LORD is, there is liberty." 2 Cor. 3:17
http://www.lionandlambministry.com
we were damaged!
so we can sue for damages!
Does my burka make my butt look fatwa?
Now the apeal process can go forward.
This is quite interesting.
WAHOR!!
http://www.dailypaul.com/node/48994
WAHOR!!
http://www.dailypaul.com/node/48994