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Case Claiming Obama Ineligible for Presidency Appealed to Supreme Court

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Kathleen Gilbert

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A Philadelphia lawyer who has alleged Barack Obama is ineligible for the presidency will immediately appeal his case to the Supreme Court after a district court ruled that the potential harm posed by the presidential candidate’s ineligibility is “too vague” to allow voters standing to bring charges.Philip J. Berg, esq., former deputy attorney general of PA and avowed lifelong Democrat, alleges that Sen. Obama is ineligible to run for president based on the claim that he is not a natural-born citizen of the United States.  According to the Constitution, only natural-born citizens are allowed to become President of the United States.

While the Obama campaign has dismissed the claims as false, Berg points out that Obama has failed to publicly release a birth certificate that could prove he was born in the United States. 

Similar lawsuits compelling Obama to produce proof of natural-born citizenship have been filed in several states, including Hawaii, Washington, California, Florida, Georgia, New York, and Connecticut.

Judge R. Barclay Surrick dismissed Berg’s case on Friday on the grounds that he, as well as all American voters, have no standing to bring charges against Sen. Obama, saying that the harm caused by Obama’s alleged ineligibility is “too vague and its effects too attenuated” to be considered “an injury in fact.”

“This is a question of who has standing to uphold our Constitution,” said Berg in response to the decision.  “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,” he complained.

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

Suspicion and debate has swirled around the question of Obama’s natural-born citizenship status in the months leading up to the election, fueled by Internet buzz and largely ignored by the mainstream media.  Despite the lack of mainstream coverage, however, Berg claims to have received more then 71 million hits on his website.

In response to the internet fueled rumors and Berg’s court case, Obama’s website hosted an image of a short-form birth certificate as evidence of Obama’s Hawaiian birth; however, some remain dissatisfied due in part to the absence of a discernable state seal.  The Obama campaign then allowed factcheck.org to investigate the short-form birth certificate.  Factcheck.org claimed that the certificate was valid.   

Yet Berg and other skeptics say they are still not satisfied, citing potential ties between Obama and Factcheck.org through mutual association to the Annenberg Foundation.  Additionally, some have criticized the website for allegedly favoring Obama in its purportedly non-partisan reports. The original, “long-form” birth certificate has been placed under seal by Hawaii governor Linda Lingle, barring the access of media scrutiny.

Berg also claims that, even if Obama were born in Hawaii, his attendance at an Indonesian school proves that he abandoned his American citizenship at one time – which would make him a naturalized, not a natural-born, citizen.  According to Berg, Obama attended school in Indonesia at a time when the country disallowed non-Indonesian students or students of dual citizenship.

Obama continues to withhold documentation from the court, despite Berg’s insistence that the case could be quickly and painlessly resolved if he were to produce a valid birth certificate.

“I am doing this for one purpose: to make sure our U.S. Constitution, the most important document in our country, is followed,” said Berg.  He compared Obama’s response to the accusations to McCain’s, when the Republican presidential candidate’s citizenship was at one point called into question.

“What did he [McCain] do? He immediately released his birth certificate,” said Berg.

Referring to Obama’s response to similar litigation, Berg said, “He’s hiding behind legalisms, while although proper, it’s a disgrace because I think the people of the United States deserve to know where you were born.”

To see Philip Berg’s website: http://www.obamacrimes.com/

Comments

6 responses to “Case Claiming Obama Ineligible for Presidency Appealed to Supreme Court”

  1. dennisofraleigh Avatar
    dennisofraleigh

    Although the article didn’t mention it, Berg’s “Request for Admission” served on Obama was not answered by Obama’s attorneys within the time alloted to respond. That means, legally speaking, Obama has now admitted to a Federal court that he was not born in the USA. There are a number of other things Berg asserts in his Request that Obama also admitted by his failure to deny. If ever a court recognizes a party who has DOES have “standing” before a Federal court on this matter they will be able to enter Berg’s Requests as evidence, stating something like “The facts as admitted by the defendant Barack Obama are these: 1. That he was born on such-and-such a date in Mombasa, Kenya.
    2. That he is not a natural-born citizen of the United States, etc., etc.”
    The case is now in the hands of the U.S. Supreme Court.
    I hope we don’t have to wait until Obama is possibly elected and has taken the oath of office as POTUS for a congressman to challenge an Obama Federal appointment on the grounds that he has no authority to do so, as he fraudulently got himself elected President when he had already admitted to a court of law that he was not a natural-born citizen of the United States and was therefore inelligable constitionally to hold that office.

  2. Arkanabar Ilarsadin Avatar
    Arkanabar Ilarsadin

    Which of our elected congresscritters do you think actually has the fortitude to bring such a case?

  3. SolaGratia Avatar
    SolaGratia

    This is mind-boggling. I honestly didn’t think much of it at first, but Obama’s refusal to clear things up speaks volumes about his character in addition to opening up doubts about his legitimacy.

    Seriously, if an American citizen does not have standing, then who does? And if our Founding Fathers thought it was important enough to establish minimum requirements for eligibility, then where the heck does this judge get off questioning what harm there might be in it if Obama is not legitimately eligible to run?

    Look at all the situations where American citizens have to prove their identity to participate in the bureaucratic processes – and Obama cannot be bothered to produce a certificate for the court? Someone please tell me this is all just a bad dream, and that when I wake up, sanity will still reign in our country…

  4. stutmann9 Avatar
    stutmann9

    What’s good for the goose is good for the gander. John McCain produced his birth certificate without hesitation. Obama is hiding something and is banking on the fact that some judges will protect him from having to give proof, but technicality in this case MUST be followed up on!!!

  5. dennisofraleigh Avatar
    dennisofraleigh

    Perhaps (pure speculation here) the Repub party is waiting until the possibility of Obama actually winning the popular election Nov. 4 before filing a lawsuit asking the High Court to bar Obama from taking the Oath of Office in January because, well, according to the U.S. Constitution he cannot be sworn in as POTUS as he (as Obama has admitted to a Federal Court) is not a natural-born American citizen.

    OR……

    Perhaps the RNC will file suit prior to the convocation of the states’ electors who formally “elect” the next POTUS. (Nov. 4 the voters of each state merely state their “preference.” It’s the electors of the states that actually do the “electing.”). The electors meet on the first Monday after the second Wednesday in December in their respective state capitols or wherever. Some states require that they vote for their party’s nominee, some do not. The votes are then collected, placed in a sealed envelope (I left out few details) and only opened and counted by the by the president of the U.S. Senate during a joint session of Congress held in January.

    If enough electors fail to cast their votes for the Kenyan (and the delegations who are not bound by law to vote their party’s nominee) then split between “Hillary” people and “Biden” people), John McCain may yet serve as our next President, as he would then have a plurality of electoral votes.
    The aftermath won’t be pretty, though. A lot of people are going to accuse McCain (a la’ the Bush victory of 2000) that his people “stole” the election from Barack Obama. In that event expect big, big trouble, in the houses of Congress, on the streets of our major cities. But this isn’t “hanging chads” minutae. This involves a guy who blatantly lied about where he was born—but when have facts ever interfered with some people’s foregone conclusions?

  6. c-kingsley Avatar
    c-kingsley

    “The aftermath won’t be pretty, though.”

    Even if it had happened a month ago it would still have been bad. Only if it had happened before the Democratic convention might they have been able to react to it sensibly.

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