Thursday, October 2, 2008

Could Obama Still be Disqualified? Berg v. Obama


Hat tip to commenter Carolyne at Wake Up America
Obama banner by Salamander

A note from Radarsite: Not being a lawyer, I cannot presume to write intelligently about the possible ramifications of this decision. However, the fact that the court has refused to dismiss this case and furthermore is requiring the submission of additional documention seems to be a troubling sign for the Obama camp. Radarsite has posted the first page of the full PDF transcript of this decision below and has posted a link to the complete document. If any of our readers who are lawyers would like to send in comments on this case I would be happy to post them. - rg
-------------------------------------------------------------





UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA





PHILIP J. BERG, ESQUIRE, :
Plaintiff :
vs. :CIVIL ACTION NO: 08-cv- 04083
:
BARACK HUSSEIN OBAMA, ET AL, :
Defendants :
ORDER
ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC










PHILIP J. BERG, ESQUIRE, :
Plaintiff :
vs. :CIVIL ACTION NO: 08-cv- 04083
:
BARACK HUSSEIN OBAMA, ET AL, :
Defendants :
ORDER
ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC
NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S
COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)
THIS CAUSE came before the United States District Court Judge, Honorable R.
Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National
Committee’s Motion to Dismiss. Having reviewed the Motion and Plaintiff’s Opposition
to said Motion and for good cause shown, it is hereby
ORDERED that the Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and
12(b)(6) is DENIED. It is further ORDER of this Court that the following discovery is
to be turned over to Plaintiff 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 Certification of Citizenship;
3. A Certified copy of Obama’s Oath of Allegiance.
IT IS SO ORDERED
Dated: September ______, 2008
______________________________
Hon. R. Barclay Surrick
United States District Court Judge
For the Eastern District of PA
BERG v. OBAMA et al Doc. 13
Dockets



---------------------------------------------------------------------------

For the complete PDF file click here

12 comments:

  1. The court has not refused to dismiss Berg's application.

    The court has not ruled yet on the motion asking for the dismissal of Berg's application.

    Here are the normal steps:

    a- a motion asking for X;
    b- a motion to have motion dismissed on one or many grounds
    c- the court agrees with b; end of matter
    d- appeal by the losing party

    or
    c- the court disagrees
    d- depending on the order, the losing party proceeds with his defence on the merits or appeals the order.

    An applicant can be motioned to death by a defendant.

    BA

    ReplyDelete
  2. Thank you Anonymous -- As I stated at the beginning to this article I welcome any professional clarification of this legal procedure. I hope to receive more such comments.

    ReplyDelete
  3. Obama can drag this out for 10 years. That would be enough time for him to serve 2 terms.

    Or the courts could put a stop to him taking office if he is elected.

    I don't see this preventing a disaster in the making. If Obama wins and is prevented from taking office by this lawsuit, then Joe Biden becomes the President by default.

    ReplyDelete
  4. The document is not signed. It could have been made up by anyone. Do you have a link to the signed document?

    ReplyDelete
  5. The document is not signed, therefore it is worthless. Do you have a link to a signed document?

    ReplyDelete
  6. We shouldn't need a court. It should be obvious or known with certainty. I'm becoming redundant. Sorry:-(

    Maggie

    ReplyDelete
  7. Texas Hill Blog

    Obama ordered to hand over documentation

    It looks like Obama will have to put up or shut up....is that gnashing I hear......or is that just Hillary cackling in the background....

    ReplyDelete
  8. Received by email:

    Blog entry 'JUDGE ORDERS OBAMA TO PRODUCE BIRTH CERTIFICATE?' by TeleprompterPresident

    ### Judge Orders Obama to Produce Birth Certificate? [1] ###



    *UPDATE: Contrary to Internet Rumor, No Court Ruling Yet On Obama / DNC
    Motion to Dismiss in Berg v. Obama *


    *From /Obama Crimes Webmaster [2]:/*


    I received a phone call from Phil J. Berg a few minutes ago. He
    informed me that a rumor is circulating on the Internet that the Court
    has ruled on the Motion to Dismiss filed by Senator Obama and the
    Democratic National Committee in the Berg v. Obama case. Some of the
    visitors to this website have posted comments claiming the Court has
    ruled. The comments on this site were written by visitors to the site.


    On Mr. Berg's behalf, I am posting this to state clearly /*the Court
    has not yet ruled on the Motion to Dismiss in Berg v. Obama.*/


    /Here's the status:/



    * Last week Senator Obama and the Democratic National Committee filed a
    Motion to Dismiss the Berg v. Obama lawsuit.

    * On Monday, Mr. Berg filed an answer requesting that the suit not be
    dismissed and that the Court order production of documents proving
    Senator Obama's consitutional qualifications to serve as President of
    The United States.

    * *As of 1 AM EST today, October 2nd, 2008, the Court has not ruled on
    the Motion for Dismissal in Berg v. Obama.*


    */Source for above: /**/Obama Crimes Webmaster/*


    *JUDGE ORDERS OBAMA TO PRODUCE BIRTH CERTIFICATE?*


    */ By Douglas J. Hagmann [3]*/
    */Source:*/ HomelandSecurityUS.com [4]/*/*/*/*


    */*Full Lawsuit PDF Here [5]*/*
    *
    /3 October 2008/* To discredit the merits of the lawsuit and have it
    summarily dismissed, all *Barack Hussein Obama (a/k/a Barry SOETORO)
    *has to do is provide a legitimate copy of his birth certificate. The
    lawsuit was filed by Philadelphia lawyer Phillip Berg in late August.


    Instead, Obama has opted to fight the lawsuit as illustrated in the
    federal court documents.


    As they say, however, the devil is in the details...


    */Click on "Continue reading" below for more on this story, including a
    copy of the lawsuit.../*



    Continue reading \"Judge Orders Obama to Produce Birth Certificate?\"
    » [6]




    **
    *Share the Link to this story:
    **http://www.teleprompterpresident.com/2008/10/judge-orders--1.html*
    **
    *From **www.TeleprompterPresident.com*
    [1] http://www.teleprompterpresident.com/2008/10/judge-orders--1.html
    [2]
    http://www.obamacrimes.com/index.php/component/content/article/1-main/27-alert-contrary-to-internet-rumor-there-has-not-yet-been-a-court-ruling-on-obama-dnc-motion-to-dismiss
    [3] mailto:director@homelandsecurityus.com
    [4] http://homelandsecurityus.com/20081003DH
    [5]
    http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/13/0.pdf
    [6]
    http://www.teleprompterpresident.com/2008/10/judge-orders--1.html#more

    View original: http://www.blogsforjohnmccain.com/judge-orders-obama-produce-birth-certificate-0

    ReplyDelete
  9. Someone with acess to PACER or who lives near a federal courthouse could go look up the status of the filings. A docket sheet would be useful

    ReplyDelete
  10. For an analysis and alternative view (in some cases) of Berg's allegations, visit www.whatsyourevidence.com.

    ReplyDelete
  11. Question.. It this what we really got?
    CLASS GUY.

    THIS MAN WANTS OUR VOTE FOR U.S. PRESIDENT - HIS FATHER WAS
    A KENYAN, AND A BLACK- WE SAW ALL THOSE PICTURES OF HIS NICE AFRICAN FAMILY.

    HIS MOTHER IS KANSAN, ATHEIST, AND WHITE. SO - WHERE ARE ALL THOSE PICTURES OF HIS NICE WHITE MOTHER AND HIS NICE WHITE KANSAS GRANDPARENTS - THE ONES WHO RAISED HIM ALL THOSE EARLY YEARS?

    LETS SEE - HIS FATHER DESERTED HIS MOTHER AND HIM WHEN HE
    WAS VERY YOUNG AND MOVED BACK TO LIVE WITH HIS FAMILY IN KENYA (THAT'S THE ONES IN THE PICTURES).

    HIS WHITE MOTHER THEN MARRIED AN INDONESIAN MUSLIM AND TOOK HIM TO THE CITY OF JAKARTA WHERE HE WAS FIRST SCHOOLED IN A MUSLIM SCHOOL .

    HIS MOTHER THEN MOVED TO HAWAII AND HE WAS RAISED BY HIS WHITE MIDDLE CLASS - AMERICAN GRANDPARENTS THERE.

    UMMM..NOW HERE'S THE BEGINNING OF THE HARD PART FOR ME
    (HELP ME OUT HERE, IF YOU CAN):

    SOMEHOW, SUDDENLY - HE WENT TO THE BEST HIGH DOLLAR PREP
    SCHOOLS IN AMERICA , AND NEXT HE GOT INTO A TOP IVY LEAGUE COLLEGE , AND LATER, INTO HARVARD LAW SCHOOL - HOW? WHO SPONSORED HIM? WHO PAID FOR ALL THAT SCHOOLING?

    (HAVE YOU LOOKED AT TUITION EXPENSES TO ATTEND UNDERGRADUATE YALE LATELY?

    HOW ABOUT HARVARD LAW SCHOOL ? SOMEBODY PAID A LOT OF BUCKS FOR THIS KID'S IVY LEAGUE EDUCATION.......)

    WHO? HE APPARENTLY DID NOT HAVE SCHOLARSHIPS THAT PAID IT
    ALL FROM WHAT WE READ.

    HE ALSO DID NOT HAVE TO BORROW FOR COLLEGE , ALSO FROM WHAT WE READ. SO???

    THAT BRINGS US TO THE MORE CURRENT YEARS,

    A U.S. SENATOR'S SALARY IS NOT THAT GREAT, BUT THIS YOUNG MAN AND HIS YOUNG WIFE JUST RECENTLY BOUGHT A $1.4 MILLION DOLLAR HOUSE THAT HE ACQUIRED THROUGH A 'DEAL' WITH A WEALTHY FUND RAISER, A FUND RAISER WHO APPARENTLY IS A CRIMINAL LAW BREAKER PER THE NEWS.

    WHAT SORT OF 'DEAL'?
    AND, RIGHT OUT OF HARVARD LAW, HE 'WORKED' AS A CIVIL RIGHTS ACTIVIST IN CHICAGO . WHAT KIND OF PAY IS THIS, WE CAN ASSUME IT IS LITTLE OR NOTHING PAY WISE! OR IS THERE OTHER KIND OF PAY INVOLVED??

    HE THEN ENTERED POLITICS AT THE STATE LEVEL WHICH CERTAINLY IS A LOW PAYING JOB, AND THEN MOVED RIGHT TO THE NATIONAL LEVEL. DID HE "FUND RAISE" TO GET THE FUNDS TO GET ELECTED? WHAT KIND OF PROMISES DID HE MAKE?

    NOW, HE SCRAMBLES TODAY WITH A NICE SMILE BUT VERY MINIMAL EXPERIENCE IN ANYTHING - WHILE OTHER PEOPLE WRITE HIS RAH-RAH SPEECHES FOR HIM.

    IN ALL HIS MINIMAL TIME IN THE STATE, AND NATIONAL LEGISLATURES - HE'S NEVER LAUNCHED ANY IMPORTANT LEGISLATION, NONE WHATSOEVER.

    MOSTLY, OF LATE FOR SOME TWO YEARS, HE'S BEEN OUT RUNNING FOR PRESIDENT.

    THEN COME THE ENDORSEMENTS FOR HIM FROM OTHER COUNTRIES, ONES THAT ARE NOT EXACTLY USA FRIENDS, LIKE THE IRAN PRES, FRENCH PRES, THE IRAQ MINISTER THAT WANTS USA OUT. HMMM WHAT DO THEY SEE IN HIM THAT THEY LIKE?

    HE CLAIMS TO BE 'PROUD OF HIS AFRICAN HERITAGE' -- NICE BUT -- IT SEEMS THAT HIS ONLY CONNECTION WITH AFRICA WAS THAT HIS AFRICAN FATHER GOT A WHITE AMERICAN GIRL PREGNANT AND THEN DESERTED HER.

    UMMM....WHERE IS THE OUTSPOKEN PRIDE IN HIS WHITE HERITAGE?
    AFTER ALL - IT WAS WHITE GRANDPARENTS THAT RAISED HIM!

    HE IS PRESENTLY A MEMBER, OR WAS UNTIL POLITICS NECESSITATED A CHANGE, FOR OVER 20 YEARS OF AN 'AFROCENTRIC' CHURCH IN CHICAGO
    THAT SEEMINGLY HATES WHITES, HATES JEWS, AND BLAMES AMERICA FOR ALL THE WORLD'S FAULTS.

    HE REPEATEDLY COVERED UP FOR THAT PASTOR AND THAT CHURCH SAYING THAT HE CAN SEPARATE THE RELIGION FROM THE POLITICS, WHEN HE HEARS A HATE-WHITEY SERMON.

    HE CLAIMED THAT HE WAS SIMPLY UNABLE TO CONFRONT HIS PASTOR OF 20+ YEARS ABOUT THE PASTOR'S DEMONSTRATED UN-AMERICAN BIAS.

    BUT -- HE WANTS US TO BELIEVE THAT HE CAN CONFRONT NORTH KOREA AND IRAN AND RUSSIA WHEN THE TIME ARISES TO TAKE AMERICA 'S SIDE.

    YEAH - WITH HIS BACKGROUND AND EXPERIENCE, HE 'HOPES' THAT HE COULD BE A "UNITER" AND BRING US ALL TOGETHER;

    BUT - WE ARE LEFT TO THINK THAT THE REAL 'HOPE' IS, THAT HE REALLY HOPES THAT NO ONE WILL PUT ALL THESE PIECES TOGETHER, AT LEAST NOT UNTIL AFTER THE ELECTION.

    YOU MIGHT SEND THIS TO EVERYONE YOU KNOW AND - GET OUT AND VOTE.

    ReplyDelete
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    ReplyDelete