Saturday, October 25, 2008

Berg's Lawsuit Tossed By Judge For Lack Of Standing

U.S. District Judge R. Barclay Surrick has shielded Sen. Barack Obama from having to answer questions about whether he qualifies as a "natural born" citizen as required of a candidate for president of the United States. Late on Friday Judge Surrick, a Democrat, issued a 34-page decision dismissing a complaint filed by attorney Philip J. Berg in the Eastern District of Pennsylvania for lack of standing on Berg's part. The standing issue was always a big hurdle for Berg. He earlier said he would appeal the case all the way to the U.S. Supreme Court, but with only 10 days remaining before the November election, Berg's chances of success are very remote. I should point out that there are suits pending in eight other states raising similar questions that Berg's lawsuit raised.

Meanwhile, questions remain as to whether the birth certificate produced by the Obama campaign as proof he was born in Honolulu, Hawaii in 1961 is a forged document persist. Check out this birth certificate issued by the State of Hawaii in 1963. Compare it to Obama's certificate of birth, which can be found here. A Newsmax story notes several major differences. "In addition to naming the hospital and more details about the baby, the 1963 vault copy also includes the “usual residence of the mother,” and the “usual occupation” of the father," the story reads. "None of this information appears on the 2007 Live Birth certificate produced by the Obama campaign." America's Right Blogger Jeff Schreiber observes that Obama mentions in his book that he once held the original birth certificate. Schreiber writes:

Ironically, Obama mentions his birth certificate in passing on Page 26 of his 1995 memoir, “Dreams of My Father.” “I discovered this article, folded away among my birth certificate and old vaccination forms, when I was in high school,” he wrote.

The birth certificate produced by Obama is not the original long version certificate which would have been issued to his mother at the time of his birth, and which is presumably the birth certificate Obama references in his book. The birth certificate posted by the Obama campaign purports to have been received from the State of Hawaii in June, 2007. Attorney Philip J. Berg claims to have a recorded phone conversation with Obama's paternal grandmother from Kenya, who claims she was present for Obama's birth, which she says occurred in Kenya.

UPDATE: Berg has issued a press release stating his intention to appeal the district court judge's decision to the U.S. Supreme Court. Berg wonders in his press release what American has standing to enforce the eligibility requirements for president of the United States:

Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.


Anonymous said...

Greene County Dailies, The Xenia Gazette, October 24 2008, 23:18

"US District Court Judge Honorable R. Barry Surrick has ruled that Barack Hussein Obama was not a "natural born" or "naturalized" citizen and is ineligible to run for and/or serve as President of the United States.

"Judge Surrick then ordered the Democratic National Committee to cease all campaign activity on behalf of their candidate for President. He further ordered Obama be removed from all election ballots.

Is this someone's idea of a joke?

Why is it only in a small-town paper?

The Xenia Gazette

"Daily newspaper for Xenia, Fairborn and Beavercreek Greene County Dailies."

Phone: (937) 372-4444

Did someone at the paper just lose his mind?

Or is it possible that this wouldn't be palstered on news-sites from coast to coast?

Downtown Indy said...

Hysteria runs rampant.

Downtown Indy said...

Editor of paper says this:

This was an unintentional mistake not a right-winger ploy against Obama. I could have prevented it had I known more about court procedures but obvious didn’t know until now. I apologize to readers who was upset by this post. I cannot promise that another big blunder will not be made, but I can regarding US District Court case information.

M Theory said...

Lawsuits popped up in seven additional states. Perhaps one of those judges values the constitution.

garyj said...

Please, Melyssa!! Value the Constitution? In this country? Our U.S. Constitution has become nothing more than a loophole in the justice system.