Berg is a former gubernatorial and senatorial candidate, former chair of the Democratic Party in Montgomery (PA) County, former member of the Democratic State Committee, and former Deputy Attorney General of Pennsylvania. According to Berg, he filed the suit--just days before the DNC is to hold its nominating convention in Denver--for the health of the Democratic Party."I filed this action at this time," Berg stated, "to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated."The case has been assigned to Judge R. Barclay Surrick. He was appointed to the federal bench in 2000 by President Bill Clinton. Berg is hard-charging partisan. He once called on the GOP-appointed Supreme Court justices who ruled in favor of George W. Bush in Bush v. Gore to voluntarily disbar themselves.
UPDATE: Judge Surrick denied Berg's request for a temporary restraining order at an emergency hearing this afternoon according to America's Right blog, which reports:
As for the hearing, the temporary restraining order was denied by the Hon. R. Barclay Surrick, but the subject can once again be breached once everyone is served. He acknowledged that some issues in his background could serve to hinder credibility, and promised to address those issues with me soon. He also acknowledged that Judge Surrick asked why, after months of this information circling around the Web, he waited until the week before the convention to file suit." I told him that somebody had to," he said.
Berg, according to the blog, denies he is acting on behalf of Sen. Clinton. Berg has posted all documents related to his filing at Obamacrimes.com.