Saturday, October 18, 2008


DNC joins Obama to block Berg lawsuit
seeking proof of Obama citizenship
(Oct. 6, 2008) •

On September 29, 2008 Pennsylvania attorney Philip J. Berg, filed a response to a motion to dismiss by defendant Barack Obama who was joined in his effort to quash Berg's lawsuit by the Democratic National Committee, claiming it has no standing to proceed. Berg argued in the brief response that he has provided the precedents which establish the standing and petitioned US District Court Judge R. Barclay Surrick of the Eastern District of Pennsylvania to pursue the case. In his Sept. 29 filing, Berg said: "Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama's eligibility through subpoenas to the government entities and the hospital's in Hawaii. To date, Plaintiffs and two of (2) the locations, which subpoenas were served upon, refused to honor the subpoenas.

"For the above aforementioned reasons, Plaintiff respectfully request Defendants and the Democratic National Committee's Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery (the unsigned order requiring Obama to produce..." within three (3) days{

1. Obama's "vault" version (certified copy of his "original" long version) birth certificate; and
2. a certified copy of Obama's Certificate of Citizenship;

3. a certified copy of Obama's oath of allegiance."

The certified copy of the citizen of the world's "oath of allegiance" to the United Sates is a document attesting to the fact that the newly "naturalized" citizen (usually an immigrant who has just been granted citizenship) or for native born Americans who have forfeited or otherwise surrendered their citizenship, and have requested reinstatement at their majority, usually 18, has sworn allegiance to the United States and its Constitution.

In this filing, Berg argued that he has legal standing to bring suit against Obama—and the DNC—pursuant to 5 USC §702; 524 US 11 (1998); 8 USC §148(b); 5 USC §552(B); 28 USC §1343 and also standing pursuant to Federal Question Jurisdiction. Berg rightfully claimed he has suffered "...the kind of injury that Congress expected might be addressed under the statute..." since the issue of where Obama was born with conflicting birth certificates and conflicting claims of what hospital Obama was born in—with Obama's own family members claiming he was born at three different hospitals in two countries.

The DNC-Obama motion seeks a protective order that will forbid Berg from discussing his lawsuit in the public forum pending Judge Surrick's decision on whether or not to dismiss Berg v Obama. If Surrick issues a protective order, discovery cannot occur until the issue has been resolved—but, only if it is resolved in Berg's favor. Berg's "Response in Opposition to Defendants" says:

1. Defendants' pending motion to dismiss does not entitle them to a Protective Order under Federal Rule of Civil Procedure 26(c) [hereinafter FRCP 26(c);
2. Defendants have failed to show "good cause" and are therefore not entitled to a protective order under FRCP 26(c);
3. Defendants have not pointed to any legiitmate privacy concerns. Defendants have faield to point out any substantiated specific examples demonstrating that disclosure will cause a defned and serious injury;
4. Plaintiff does not seek access to the requested information for any improper purpose;
5. Defendants have not shown any risk that particularly serious embarrassment will result from the requested documents;

6. The requested information is extremely important for public safety; and "Good Cause" requires a particular need for the protection sought.
7. The sharing of information will promote fairness and efficicency so as not to delay this action;
8. Barack Obama, as US Senator of Illinois and the Democratic Nominee for President of the United States, is a public person, and his citizenship status is a matter of significant public concern and is subject to legitimate public scrutiny. The
Democratic National Committee is a public entity and is also subject to public scrutiny; and
9. The public interest in access to the requested information under the
Freedom of Informtion Act USC § 552 is a strong factor in favor of not granting a protective order which would prevent disclosure of such information.

The Obama "Birth Flap" was not of Berg's making. It began in June when National Review's Jim Geraghty raised the question and asked the Obama Campaign to release a copy of his birth certificate in order to prove that he actually was born in the United States. (Reports had previously surfaced claiming that Obama's Kenyan grandmother, Sarah Hussein Obama, told reporters that Obama was not born in Hawaii, but in Kenya. She also reportedly told reporters that when her son, Barack Hussein Obama, Sr. returned to Kenya he was accompanied by his pregnant white wife who was close to term.)

Obama's family did not take to Stanley Ann Dunham Obama very well, because she was white, according to Sarah Obama. Shortly after she arrived in Kenya Stanley Ann decided to return to Hawaii because she later said, she did not like how Muslim men treated their wives in Kenya. However, because she was near term the airline would not let her fly until after the birth of her baby. Obama's grandmother said the baby—Barack Hussein Obama, Jr.—was born in Kenya and that shortly after he was born, Stanley Ann returned to Hawaii.

Reportedly, when she arrived back in Hawaii, Stanley Anne registered her son's live birth as an event which had just happened—in Honolulu, Hawaii. This supposition is supported by the appearance, shortly after Nov. 6, 2007, of a Hawaiian birth certificate that was issued, as a duplicate birth certificate, by the State of Hawaii to a US Senator who requested it.

Conservative bloggers on the Internet screamed that the birth certificate, which appeared on the Obama Campaign's "Fight The Smears" website and was also downloaded and used by far left blogger Markos Zuniga on his website, Daily Kos, was forgery concocted by Daily Kos, A self-described cyvbersleuth who uses the cyber-pseudonym Techdude claimed—without ever presenting an actual resum eto support his qualification claims—that the document was a fraud. There is little doubt it is the real McCoy—even if it was issued as a political favor to a prospective Democratic presidential candidate by some innocuous petty official in Hawaii. The clerk who issued the document, which purports to be a copy of an original document, was date stamped "Nov. 6, 2007" on the reverse side of the birth certificate in blue ink which bled through and is visible on the front of the electronic image.

Attorney Philip J. Berg, the former head of the Montgomery County, Pennsylvania Democratic Party and a former member of the Democratic State Convention and, reportedly a Hillary Clinton supporter, wanted to learn the truth from the myriad of rumors that also suggested that Sen. Obama may also have been a citizen of Indonesia. The only consistent part of the story was Stanley Ann returning to Hawaii to claim he had been in the United States and was a US citizen.

In his original lawsuit filing, Berg specifically asked for those three items. Berg told the court that " the time Plaintiff's complaint was filed, Plaintiff was requesting protections from the court in order to stop Obama from being nominated by the DNC as the Democratic Presidential Nominee as Obama is not eligible to serve as President of the United States. However, Obama was nominated by the DNC...For that reason, Plaintiff must amend his complaint and will be amending this complaint to file a First Amendment complaint...."

Berg argued that he felt it was the role of the Federal Election Commission to ensure that presidential and congressional candidates are eligible to hold the positions for which they were seeking, and that those candidates run a fair and legitimate campaign. "In vetting the presidential candidate," Berg further said: "the DNC and the FEC are required to ensure the eligibility requirements pursuant to our Constitution are met and the Presidential nominee, if elected, is qualified and eligible to serve pursuant to our United States Constitution. In order to be eligible to run for the Office of President of the United States, you must be a "natural born" citizen.

"There appears to be no question that Defendant Obama's mother, Stanley Ann Dunham, was a US citizen. It is also undisputed that his father, Barack Obama, Sr., was a citizen of Kenya. Obama's parents, according to divorce recorded, were married on or about February 2, 1961.

"Defendant Obama claims he was born in Honolulu, Hawaii on August 4, 1961 and it is uncertain in which hospital he claims to have been born. Obama's grandmother on his father's side, his half-brother and half-sister all claim Obama was born not in Hawaii but in Kenya. Reports reflect that Obama's mother traveled to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii. At her late stage of pregnancy (which apparently are normal restrictions, to avoid births during flights). By these reports, Stanley Ann Dunham Obama gave birth to Obama in Kenya, after which she flew home and registered Obama's birth. There are records of a "registry of birth" for Obama, on or about August 8, 1961 in the public records office in Hawaii."

Berg's investigators revealed that Obama's own half-sister Maya Soetoro—with whom he was raised—seemed not to know where her own brother was born. In the Nov., 2004 interview by the Rainbow Newsletter Maya Soetoro said Obama was born on Aug. 4, 1961 at Queens Medical Center in Honolulu, Hawaii. In February, 2008 Maya was interviewed by the Star Bulletin. This time she told reporters that Obama was born on August 4, 1961 at the Kaliolani Medical Center for Women and Children. On June 9, 2008 Wayne Madsen, a journalist with Online Journal published an article in which he said a research team went to Mombassa, Kenya and located a certificate registering the live birth of Barack Hussein Obama, Jr. to his father, a Kenyan citizen and his mother, a US citizen. Obama's certificate of live birth, according to Philip Berg, was issued by the Coast Provincial General Hospital in Mombassa, Kenya at 7:24 p.m. on Aug. 4, 1961.

Berg's argument to the court was that under the US Nationality Act of 1940, Section 317 (b), a minor child follows the naturalization and citizenship status of his or her custodial parent. In Obama's case, Berg argued, a minor child follows the naturalization and citizenship status of his or her custodial father. Obama's Indonesian stepfather, Lolo Soetora signed a statement acknowledging Obama as his son, giving Obama natural Indonesian citizenship, which explains the name "Barry Soetoro" and his Indonesian school documents. Loss of US citizenship, under US law in effect in 1967 required that foreign citizenship be achieved through "application." Which, according to Berg, is precisely what happened to Obama when his mother married Soetoro and the family moved to Indonesia.

When Obama and his mother moved to Indonesia, Obama had already been enrolled in school—something that could not have happened under Indonesian law if Soetoro had not signed an acknowledgment (the application) affirming that Obama was his son and that he was Indonesian. Thus, it was deemed that Obama was an Indonesian State citizen. (Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992, Indonesia Civil Code): "...State children of Indonesia include: (viii) children who are born outside of legal marriage from foreign State citizen mother who are acknowledged by father who is Indonesian State citizen as his children and that acknowledgment is made prior to children reaching 18 years of age or prior to marriage; Republic of Indonesia Constitution, 1945." Furthermore, under Indonesian law, if a resident Indonesian citizen married a foreigner—in this case, Lolo Soetoro marrying Stanley Ann Obama—she was required to renounce her US citizenship.

In his lawsuit, Berg demanded a copy of Obama's Certificate of Citizenship, a document Obama needed for to regain his citizenship—which was lost in Indonesia. He will have that document only if the proper paperwork was filed with the US State Department when Obama returned to Hawaii in 1971 since that is the only way Obama could regain his US "natural born" status. Berg is convinced that Obama was never naturalized in the United States after his return. Obama returned to his maternal grandparents in Hawaii without his mother. Since she is the only one who could have filed for the reinstatement of his citizenship, it is unlikely it ever happened. If it did, his Certificate of Citizenship would affirm his right to seek the office of President. Without it, Barack Obama is just another resident alien who can't even legally hold his seat in the US Senate. if I was in the Republican National Committee, I would be joining Philip Berg with the full force, and pocketbook, of the GOP.

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