the “peoples” court: berg vs. obama
BERG vs OBAMA THE CASE SUMMARY
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE :
:
Plaintiff :
vs. : CIVIL ACTION NO.
BARACK HUSSEIN OBAMA,
a/k/a BARRY SOETORO, a/k/a
BARRY OBAMA , a/k/a
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE :
:
JURY TRIAL DEMANDED
MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY
Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] hereby offers this Memorandum in support of his motion for a temporary restraining order, to enjoin Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham [hereinafter “Obama”] from running for the office of President of the United States; to enjoin Defendant, Democratic National Committee from Nominating Defendant Barack Hussein Obama, a/k/a Barry Obama, a/k/ a Barry Soetoro, a/k/a Barack Soetoro, a/k/a Barry Dunham, a/k/a Barack Dunham’s and placing his name on the ballot for Presidential election, and for expedited discovery in this case. Plaintiff’s Complaint challenges Defendant Obama’s eligibility to run for the Office of President. Defendant Obama is unqualified and ineligible to run for United States Office of the President, as he is not a “natural born” citizen as required by Article
II, Section I of the United States Constitution. The Democratic National Committee [hereinafter “DNC”] has failed to perform due diligence, and to verify the eligibility of Defendant Obama to run for the office of President of the United States.
As set out in Plaintiff’s Complaint, to allow Defendant Obama to continue running for Office of the President will violate the United States Constitution and Laws, which our forefathers set out to protect.
Plaintiff seeks focused and expedited discovery, so that he can demonstrate to the Court, as soon as possible, the full breadth of innocent people affected by Defendant Obama’s fraudulent campaign.
I. FACTUAL BACKGROUND
Since the adoption of the U.S. Constitution, in order to serve as President, one must be a “natural born citizen” and may not hold dual citizenship or multiple citizenships with foreign Countries. U.S. Constitution, Article II, Section 1.
There appears to be no question but that Defendant Obama’s mother, Stanley Ann Dunham, was a U.S. citizen. It is also undisputed, however, that his father, Barack Obama, Sr., was a citizen of Kenya. Obama’s parents, according to divorce records, 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, was a normal restriction, to avoid births during a flight). 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.
Upon investigation into the alleged birth of Barack Hussein Obama in Honolulu, Hawaii, Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and Queens Hospital. Wikipedia English Version, under the subject “Barack Obama,” states Obama was born at Kapiolani Hospital. Wikipedia Italian Version, under the subject “Queens Hospital,” states Barack Obama was born in Queens Hospital.
There are further references circulating on the internet claiming examination of the hospital’s records in Hawaii show no birthing records for Stanley Ann Dunham (Obama), Obama’s mother. However, there are records of a “registry of birth” for Obama, on or about August 8, 1961, in the public records office in Hawaii.
Wayne Madsen, Journalist with Online Journal as a contributing writer and published an article on June 9, 2008 stating that a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan citizen and his mother, a U.S. citizen.
At the time of Obama’s birth in 1961, Kenya was a British Colony. There is a purported Canadian Birth Certificate, posted on the Internet, in the name of Barack Hussein Obama, Jr.; however, the date of birth is shown as August 23, 1961.
Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. Chicago-based Internet journalist, broadcaster and critic Andy Martin states that Obama has never renounced his Kenyan citizenship. Andy Martin further states that, on Obama’s Senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told him, that he (Obama) also held/holds Kenyan nationality.
If, in fact, Defendant Obama was born in Kenya, under the laws of the United States, in effect at the time of his birth, if a child was born abroad, and one parent was a U.S. citizen (which here, of course, would be Obama’s mother, Stanley Ann Dunham), Obama’s mother would have had to have lived ten (10) years in the U.S., five (5) of which were after she reached the age of fourteen
(14). At the time of Obama’s birth, his mother was only eighteen (18), and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship.
The laws in effect at the time of Obama’s birth did not recognize U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did not qualify under the law on the books to register Obama as a “natural born” citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944).
Obama could only have become a U.S. citizen if naturalized, and a naturalized citizen is not qualified and/or eligible to run for the office of President of the United States. U.S. Constitution, Article II, Section I. Furthermore, if Obama was born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would necessarily have become a citizen of Kenya.
Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
Even if Obama was, in fact, born in Hawaii, he lost his U.S. citizenship when his mother re-married and moved to Indonesia with her Indonesian husband. In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley Ann Dunham, married Lolo Soetoro, a citizen of Indonesia, and moved to Indonesia with Obama. At this time, if Obama was registered in Indonesia as a “natural born” citizen of that country (which, in the absence of any proof that he was born in Indonesia, or that either of his birth parents, for that matter, was Indonesian, he was not) Obama lost his U.S. citizenship, when his mother married Lolo Soetoro, and took up residency in Indonesia. Loss of citizenship, in these circumstances, under U.S. law (as in effect in 1967) required that foreign citizenship have been achieved through “application.”
Such type of naturalization occurred, for example, when a person acquired a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section 317(b). A further issue is presented that, at least according to information in circulation on the Internet, Obama’s Indonesian stepfather, Lolo Soetoro, may have adopted Obama.
The Nationality Act of 1940 provided for the loss of citizenship when a child became naturalized in a foreign country upon the naturalization of his or her parent having custody of such child. Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a citizen of Indonesia, and relocated with her son (Obama) to Indonesia.
Obama was enrolled by his parents in a public school, Fransiskus Assisi School in Jakarta, Indonesia. Plaintiff has received copies of the school registration, in which it clearly states Obama’s name as “Barry Soetoro,” and lists his citizenship as Indonesian. Obama’s father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in Honolulu, and Obama’s Religion is listed as Islam. This document was verified by Inside Edition, whose reporter, Matt Meagher took the actual footage of the school record.
In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10) years of age upon his return to Hawaii.
Sometime after the return of Obama to Hawaii, Obama’s mother, Stanley Ann Dunham, returned to Hawaii and divorced her second husband, Lolo Soetoro. At the time of this divorce, Obama’s mother, Stanley Ann Dunham, could have regained her U.S. Citizenship. In order to regain her U.S. citizenship, Obama’s mother would have had to take the Oath of Allegiance required. Such Oath of Allegiance may be taken abroad, before a diplomatic or consular officer of the United States, or in the United States, before the Attorney General or the judge or clerk of a Court. Such Oath of Allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court, or the Attorney General; and upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court or the Attorney General shall be delivered. The certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States. 8 U.S.C. § 1435.
As stated above, the Nationality Act of 1940 provided for the loss of citizenship when the person became naturalized abroad, upon the naturalization of his or her parent having custody of such person. Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a citizen of Indonesia, and relocated her and her son (Obama) to Indonesia.
Plaintiff believes that Obama’s mother failed to take the oath in order to regain her U.S. Citizenship. If that be the case, Obama could not have regained the U.S. citizenship that he lost upon his mother’s re-marriage and relocation to Indonesia, until he reached eighteen (18) years of age, and unless he took the Oath of Allegiance before a diplomatic or consular officer of the United States, or in the U.S. before the Attorney General or the judge or clerk of court.
Plaintiff is informed, believes and thereon alleges that Obama (assuming he had had United States citizenship, by reason of his claimed birth in Hawaii, in the first place) failed to regain his citizenship by taking the Oath of Allegiance. Since the oath of allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General, if Plaintiff is incorrect, then Obama should be able to produce, in Court, a certified copy of the proceedings, including a copy of the oath administered.
Investigation further showed that, in 1981, Obama traveled to Pakistan, using his Indonesian passport. At the time of his travels to Pakistan, Obama was twenty (20) years old. He certainly knew that he retained his Indonesia citizenship, and it is implausible that he could not have known that he had failed to regain his United States citizenship (if, again, he had been born in Hawaii). Indonesia does not allow dual citizenship. Had Obama regained his United States citizenship, he would have been traveling on a United States Passport.
Obama and his campaign office have been asked for Obama’s Certificate of Birth, in order to prove he is a “natural born” citizen as required by the U.S. Constitution.
After many requests by the media and members of the public for a copy of Obama Obama’s Certificate of Birth, a Hawaiian Certificate of Live Birth (COLB) was placed on Obama’s campaign website. However, as posted all over the internet three (3) independent document forensic experts have performed extensive forensic testing on the Certificate of Live Birth posted on Obama’s campaign website. The forensic experts’ findings were the Certificate of Live Birth (COLB) is in fact a forgery.
It was further discovered that the original Certificate of Live Birth which had been altered and forged was issued to Maya Kasandra Soetoro, born in 1970. Maya Kasandra Soetoro is Obama’s half-sister, who was born in Indonesia, and her birth was later registered in Hawaii. The altered and forged COLB is still on Obama’s campaign website located at http://my.barackobama.com/page/invite/birthcert.
Further investigation led to Obama’s State Bar Registration and Public Disciplinary Record. On the Illinois State Bar Registration and Public Disciplinary Record, it specifically asks for “Full former name(s). Obama put “None”, when in fact he went by the name Barry Soetoro, and Barry Obama. It is further believed Obama has used the name Barry Dunham. Obama lied on the State government form that he signed under the penalty of perjury.
Even if Obama had and maintained United States citizenship (which Plaintiff believes he failed to do) he also holds citizenship in Kenya and Indonesia. Obama has divided loyalties with foreign countries. Thus, Obama carries multiple citizenships, and is ineligible to run for President of the United States. United States Constitution, Article II, Section I.
All the efforts of supporters of legitimate citizens, candidates for the Democratic presidential nomination were for nothing, because Obama cheated his way into a fraudulent candidacy, and cheated legitimately eligible, natural-born citizens from competing in a fair process, and the supporters of their choice of an eligible U.S. citizen for the nomination.
Voters donated money, goods and services to select a nominee, and were defrauded by Obama’s obfuscations. Obama clearly shows consciousness of guilt by his actions by posting a forged birth certificate on his website, and by and the falsifications he told to cover his loss of citizenship.
Obama proclaims himself a Constitutional scholar and lecturer, but apparently failed to detect his own ineligibility to become President.
Injunctive relief must be granted, because failing to do so will permit the perpetuation of a fraud and the disenfranchisement of every person who voted in a Democratic primary in 2008. Failure to grant injunctive relief would allow a corrupted, fraudulent nomination process to continue.
The denial of injunctive relief would not only allow such a process to continue, but would foster an overwhelming degree of disrespect and cynicism for the electoral process (already sullied in the public mind by irregularities in the last several election cycles) and threaten to confirm the unfortunately widespread belief that no potential candidate has to obey the laws of this country, respect our election process, follow the Constitution, or even suffer any consequence for lying and defrauding voters to get onto the ballot, when they have no chance of lawfully serving if they fraudulently manage to get elected.
If declaratory and injunctive relief is not given, it would be extremely unfair to the country for candidates of either party to become the nominee, when there is any question as to the nominee’s eligibility to serve if elected.
As stated above, Plaintiff as well as tens of millions of American voters, Democrats and persons disinclined to vote for the presumptive nominee of the Republican Party, Senator McCain, will suffer irreparable harm, if declaratory and injunctive relief is not granted. Plaintiff does not have any other way of redress regarding these very significant and important issues.
The DNC has failed Plaintiff as well as voters across the country, by its failure to perform due diligence, and to properly ascertain Obama’s ineligibility to run for Office of the President.
Should Obama become the Nominee of the Democratic Party, and it should then be discovered by virtue of malfeasance, or negligence, on his part not to have revealed material evidence showing him to be ineligible for the Office of President of the United States of America, presumably his nomination or his election will at some point be voided, to the irreparable harm of Plaintiff and others, including but not limited to:
A) Functional, or actual, disenfranchisement of large numbers of citizens,
being members of the Democratic Party or other persons wishing to
vote for a viable candidate other than Senator McCain, who will have been deprived of the ability to choose and to elect a Constitutionally eligible candidate of their liking;
B) Irreparable Harm to the structure and integrity of the Democratic Party and the Democratic National Committee. In turn this too would lead to Disenfranchisement; and
C) A severe and genuine likelihood of turmoil or even civil disturbance, by virtue of reaction to such disenfranchisement.
II. THIS COURT SHOULD GRANT PLAINTIFF’S MOTION FOR A
TEMPORARY RESTRAINING ORDER AND PUT A STOP
TO DEFENDANT OBAMA’S FRAUDULENT CAMPAIGN SCHEMEPlaintiff is plainly entitled to a temporary restraining order, pursuant to Rule 65 of the Federal Rules of Civil Procedure, to halt the use of Defendant Obama’s fraudulent campaign schemes to secure the Office of President of the United States, knowing he is not eligible under the provisions of the United States Constitution, Article II, Section I.
Specifically, this Court must grant Plaintiff’s motion for a temporary restraining order (“TRO”) because: (1) there is reasonable probability that Plaintiff will succeed on the merits; (2) they will suffer irreparable harm in the absence of relief; (3) there will be little or no harm to the Obama if relief is granted; and (4) the public interest demands a grant of relief. See, e.g. Swartzwelder v. McNeilly, 297 F.3d 228, 234 (3rd Cir. 2002); Alessi v. Pennsylvania Dep ’t of Public Welfare, 983 F.2d 1444, 1447 (3d Cir. 1990); Prison Health Servs., Inc. v. Umar, Civil Action No. 02-2642, 2002 U.S. Dist. LEXIS 12267 (E.D. Pa. May 8, 2002). The standards for a preliminary injunction and a TRO are the same. Mertz v. Houstoun, 155 F. Supp.2d 415, 425 n.12 (E.D. Pa 2001); Bieros v.
Nicola, 857 F. Supp. 445, 446-47 (E.D. Pa. 1994). While the degree of probability of success on the merits required to obtain such relief varies among Federal Courts of Appeals, the U.S. Court of Appeals for the Third Circuit requires only a “reasonable likelihood” of success. See Johnson & Johnson Orthopedics, Inc. v. Minnesota Mining & Mfg.Co., 715 F. Supp. 110, 112 n.1 (D. Del. 1989). Plaintiff easily meets each of the four requirements for a temporary restraining order.
A. Plaintiff Has A Very Strong Likelihood of Success in Challenging Obama’s
Eligibility to Run For Office of President of The United States
If in fact Obama was born in Kenya, the U.S. laws on the books, at the time of his birth, stated if a child was born abroad, and only one parent was a U.S. Citizen (which plainly applies to Obama) Obama’s mother would have had to have lived ten (10) years in the U.S., five (5) of which were after she reached the age of fourteen (14). At the time of Obama’s birth, his mother was only eighteen (18), and therefore it is an impossibility that she met the residency requirements, under the prevailing law, to give her son Obama U.S. Citizenship. The laws in effect at the time of Obama’s birth withheld U.S. citizenship from children born abroad to one U.S. citizen parent and one non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did not qualify under the law on the books to register Obama as a “natural born” citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944). If born in Kenya, Obama could have become a United States citizen by naturalization at some date subsequent to his birth — but a naturalized citizen is not qualified to be President, and it would be a terrible travesty and disservice to the public and to an orderly electoral process to permit an unqualified non-citizen or naturalized citizen to be placed on the general election ballot. U.S. Constitution, Article II, Section I.
Section 301(a)(7) of the Immigration and Nationality Act of 1952 states in pertinent part: “(a) The following shall be nationals and citizens of the United States at birth: (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten (10) years, at least five (5) of which were after attaining the age of fourteen (14) years.”
Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
Even if Obama was born in the United States — which Plaintiff believes he was not — he apparently lost his United States citizenship when he was six (6) years old. Obama lived in the care and custody of his mother, Stanley Ann Dunham. Obama’s mother married Lolo Soetoro, a citizen of Indonesia, and relocated with Obama to Indonesia. There is no indication that Obama’s mother, during his minority; herself took the Oath of Allegiance necessary for her to regain her U.S. Citizenship. Presumably, therefore, Obama could not have regained his U.S. Citizenship until he turned eighteen (18) years, and upon taking the Oath of Allegiance before a diplomatic or consular officer of the United States, or in the U.S. before the Attorney General or the judge or clerk of court. Plaintiff is informed, believes and thereon alleges Obama failed to regain his citizenship, by taking the Oath of Allegiance.
If Plaintiff is incorrect in making this allegation, it should be a simple matter, as the oath of allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General, for Obama to produce in Court a certified copy of the proceedings, including a copy of the oath administered — if, in fact, he took the oath. 8 U.S.C. § 1435, Nationality Act of 1940.
The Democratic National Committee (DNC) is supposed to represent and protect the interests of working Americans, which includes securing a Democratic Nominee on the Presidential Election ballot who represents the Democratic vision, and who is qualified and eligible to run for the office of President under the qualifications of the United States Constitution.
The DNC has failed to make adequate inquiry into Obama’s eligibility status.
Should Obama become the presidential nominee of the Democratic Party, and it should then be discovered that he concealed information showing him to be Constitutionally ineligible to serve as President, as every major party nominee has political enemies with resources behind them sufficient to institute and to maintain court proceedings to that end, it is unthinkable that there would not be an effort made to disqualify Obama, to strike his name from the ballot, to declare him ineligible to assume the Office of President if elected, or even to force him to resign or be removed from office, were he to be elected and sworn in January 2009. Any of these outcomes would be a disaster to the political stability of the United States, to our country’s standing in the world, and to public confidence in the electoral process, and would inflict irreparable harm upon Plaintiff and others, including but not limited to:
A) Functional, or actual, disenfranchisement of large numbers of citizens,
being members of the Democratic Party, who would have been
deprived of the ability to choose a nominee of their liking; and
the disenfranchisement of voters of whatever affiliation who would have
liked the opportunity to select a Constitutionally-eligible candidate other
than Senator McCain;
B) Irreparable Harm to the structure and integrity of the Democratic Party and the Democratic National Committee. In turn this too would lead to disenfranchisement; and
C) A severe and genuine likelihood of political turmoil, and even civil
disturbance by virtue of reaction to said disenfranchisement.
B. There Will Be Minimal Harm To Obama If Relief Is Granted
Granting Plaintiff’s motion for a temporary restraining order will result in negligible harm to Defendant Obama, or the DNC. The Obama campaign and the DNC have raised millions of dollars to support his candidacy for the presidency. If Obama was born in Honolulu as claimed, it should be short work for him (or a person acting in his behalf) to obtain, and to present to the Court, a verifiably genuine, certified copy of his birth certificate. Likewise, assuming proof of Obama’s birth in Hawaii, if Obama’s mother (during his minority) or Obama himself (after reaching the age of 18) regained the United States citizenship lost by reason of Stanley Ann Dunham’s second marriage to the Indonesian Lolo Soetoro and her relocation with Obama to Indonesia, those facts will be susceptible of proof from public records, as Obama (given his considerable resources) should be able to produce in court in a matter of a few days, at most.
Should it be the case that, as Plaintiff alleges, Obama is either a non-citizen of the United States, or is a citizen only by virtue of naturalization (as in the case that, in
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fact, he was born in Kenya) manifestly it is better that those facts, which is to say Obama’s ineligibility to be President of the United States, come to light now, rather than hereafter.
C. The Public Interest Supports A Grant of Relief
Plaintiff meets the fourth prong of the temporary restraining order test, as well, because the public interest supports the request for immediate relief. No legitimate public interest whatsoever can be served by permitting the continuation of what amounts to a knowingly unlawful, fraudulent scheme to obtain the presidency for an individual who, whatever his political views, his accomplishments, or his personal qualities, is simply not eligible under the Constitution to hold the office. Plaintiff, the people of Pennsylvania, Democratic voters nationwide, potential voters desiring an alternative to Senator McCain, and even non-voters who, even if indifferent to which candidate becomes President, have an interest in avoiding the disruption or even civil disturbance that might attend a further-delayed determination of Obama’s ineligibility, all have a compelling interest to be vindicated far more effectively and in a more targeted way if the United States Constitution is upheld and Obama is removed from the Presidential election.
D. Conclusion
This Court should issue a temporary restraining order, prohibiting Obama from being formally confirmed as the Democratic Party nominee for President of the United States, and enjoining Obama, the DNC, and persons acting in concert with them or in their behalf, from continuing to solicit donations for his candidacy, pending expedited discovery and a prompt hearing, at which time Obama’s and the DNC’s attorneys can satisfy the Court, by appropriate testimonial and documentary evidence, that Obama qualifies as a natural-born
citizen of the United States, and if elected will be eligible under the Constitution to serve in that office.
Plaintiff has demonstrated a very strong likelihood of success that this fraudulent campaign scheme of Obama’s violates the United States Constitution, Article II, Section I; that Plaintiff and millions of U.S. citizens will suffer irreparable injury, if relief is denied; and that the failure to grant injunctive relief would pose nothing less than a danger to Constitutional government and potential civil disturbance. The balance of hardships imposes
little burden on Obama: all he need do is to prove that he was born in Hawaii, and that he (or, during his minority, his mother) took the Oath of Allegiance to restore U.S. citizenship lost when Obama’s mother re-married an Indonesian citizen and moved with Obama to Indonesia.
III. THIS COURT SHOULD GRANT PLAINTIFF’S
REQUEST FOR EXPEDITED DISCOVERY
Plaintiff also seeks leave from this Court to begin discovery immediately so that Plaintiff can demonstrate to the Court, as part of preliminary injunction proceedings, the full extent of Obama’s fraudulent schemes in way of attempting to run and get elected as President of the United States knowing he is ineligible as he is not a “natural born” citizen. It is crucial Plaintiff obtain certified copies of Obama’ s birth records, oath if it exists, adoption records, passport records and all other records which prove he is not a citizen of the United States and/or a “natural born” citizen.
Courts have authorized expedited discovery on good cause shown, notwithstanding the strictures of Rule 26(d) of the Federal Rules of Civil Procedure (that
no discovery shall take place until the parties have conferred pursuant to Rule 26(f). Indeed, the Third Circuit has emphasized that “[u]nder the Federal Rules of Civil Procedure and our jurisprudence, district courts have broad discretion to manage discovery.” Sempier v. Johnson & Higgins, 45 F.3d 724,734 (3d Cir. 1995). Specifically, in the context of expedited discovery sought for purposes of a preliminary injunction motion, courts have inquired as to the “reasonableness of the request in light of all the surrounding circumstances.” Merrill Lynch, Pierce, Fenner & Smith v. O’Connor,
194 F.R.D. 618, 624 (N.D. Ill. 2000); see also Educational Comm ’n for Foreign Sch.Med. Graduates v. Repik, Civil Action No. 99-1381, 1999 U.S. Dist. Lexis 7185, at *7 (E.D. Pa.May 14, 1999) (“Expedited discovery in connection with a preliminary injunction motion is appropriate.”). In Yokohama Tire Corp. v. Dealers Tire Supply, Inc., 202 F.R.D. 612, 614 (D. Ariz. 2001), in ruling on a motion to permit expedited discovery in advance of a Rule 26(f) scheduling conference, the court stated that “[a]bsent credible authority to the contrary, the Court adopts a good cause standard.” See also Pod-Ners, LLC v. Northern Feed & Bean, 204 F.R.D.675, 676 (D. Colo. 2002).
The reasons furnished by Plaintiff in support of his request pass any of the legal thresholds used by district courts in assessing motions to expedite discovery. Here, there is good cause for discovery to begin immediately. Plaintiff believes that, at this moment, there is a strong likelihood that, in the absence of injunctive relief, Obama will be formally nominated by the Democratic Party as its nominee for the Office of President of the United States. Plaintiff’s request also works minimal prejudice or unfairness to Obama, himself, as (at most) all that Obama would have to do in person (although certainly he would be entitled to appear and to give testimony, or submit an affidavit
stating the facts) would be to execute authorizations, prepared by his attorneys or by members of his staff, for relevant birth, passport, consular (Oath of Allegiance) and other relevant documents to be obtained and certified.
Finally, Plaintiff’s discovery request is narrowly tailored to obtain only the information it needs to pursue preliminary injunctive relief prohibiting Obama from running for President, and enjoining the DNC from naming Obama as a Democratic President Nominee.
IV. CONCLUSION
This Court should grant Plaintiff’s request for a temporary restraining order and should allow focused discovery to begin immediately.
Respectfully submitted,
s/ Philip J. Berg
Philip J. Berg, Esquire
Attorney in Pro Se
555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Identification No. 09867
(610) 825-3134
on August 24th, 2008 at 9:31 pm
And if Obama is nominated, we’ll see all of this in a campaign add next week. Then the only question will be who’s more at fault: 1) Obama? 2) His campaign? 3) The DNC? They probably all deserve a piece of this!
on August 24th, 2008 at 10:10 pm
OMG! Every Super in Denver needs to read this.
on August 24th, 2008 at 10:12 pm
On Friday Aug. 29th, millions of rank and file Democrats will wake up only to change their party affiliation to Independent. The reasons moderate Democrats cannot support Barrack Obama are many and has nothing to do with his ethnicity. It has everything to do with the smear campaign he ran against Bill and Hillary Clinton; the dirty intimidating tactics his supporters used in the caucuses that resulted in well over 700 of the pledged delegates he got; the lack of redress by the DNC against those charges of caucus voter fraud; the heavy-handed DNC Rules Committee charade that penalized Michigan and Florida with half-votes on May 31st, forcing Clinton out of the race only to reinstate full votes to those states at the Convention, way too late to be beneficial to Clinton; the hordes of money coming from God only knows where to a little known first year Senator from Illinois in a primary race against the most well-known Democrat in history; Obama’s lack of experience, his controversial associations, the mystery of his citizenship, and on and on it goes.
Journalists have not done their job in vetting Obama. The Democratic party has left its core in the dust for some unknown, untested candidate with vague, ambiguous plans that are supposed to draw in millions of young, new voters in some new millennium style political experiment. The benefactor of lazy, inept journalists and the new cosmocratic party that created the Obama candidacy is John McCain.
on August 24th, 2008 at 10:21 pm
Here’s the link, if you want to cut and paste it and send to delegates:
http://hireheels.com/blog/2008/08/24/the-peoples-court-berg-vs-obama/
Also send it to mainstream media — who appear afraid to touch it — “Emperor has no clothes”
on August 24th, 2008 at 11:53 pm
What is going on here! Is it true that Obama was born in Kenya Africa. Is it true that there are no records of his mother giving birth to him at any hospital in Hawaii.
Is it true that his Grandmother, and half-sister have said he was in fact born in Kenya.
Is it true that Republicans have records to prove Obama was born in Kenya.
And is it true that he was registered as a citizen of Indonesia as a Muslim.
Is there any truth to any of this. Where is the major media on this story. Have they investigated this. Has any of the above been proved untrue.
If any of the above is true this is very serious.
What’s up!
on August 25th, 2008 at 12:03 am
Send this to news services, TV stations, newspapers. Ask them why they’re not covering it:
http://hireheels.com/blog/2008/08/24/the-peoples-court-berg-vs-obama/
Also ask where some of their “investigative reporters” have been in finding this information. Guess they thought somebody else had it covered; that “they” had already addressed it.
Where are Woodward and Bernstein when you need them!!
on August 25th, 2008 at 12:22 am
must repost to this new thread a little something fro fuzzy:
Oh all I hope the heavens shake tonight and the ground beneath the DNC moves….because this is a real tent revival whip us up for the convention prayer:
Creator Father Mother God/des
Merciful Creator we have over these last few months implored your divine wisdom to provide us with strength and protection. You have answered our prayers we are safe and we are strong and we are ready. Our legions are descending on Denver in rank and formation to do your will.
Creator unleash the sword of the almighty, sound the trumpets, let legions of Continental Principalities the spirit of Michael Slaying the Serpent the all those slumbering saints arise and go forth! The time has come the battle draws near join shield and present spear. Call forth the just and march to Denver the time has come.
We come out to face the enemy tyranny, injustice, greed and fraud every vice that infects the body politic, we are patriots calling forth the spirits of Thomas Jefferson, Benjamin Franklin, and John Adams writers of the Declaration of Independence because they believed in the importance of the word and their word went forth and made a just nation! May our words go forth also and free the land!
We call on you Creator to hear the litany of our adversary’s transgressions against the democratic process that we hold so dear. The shear multitude of sins against freedom shouts out like a testament against them.
They have manipulated the assignment of delegates and the order of primaries; they have run fraudulent caucuses with intimidation and voter suppression, they have stripped whole delegations for a number of the several states and then reassigned them at will; and on May 31st 2008 they silenced the will of the people to ensure their preselected candidate was chosen.
The souls of millions who have died for this land and for freedom cry out and will not be silenced. Their cry is an indictment against them. They demand justice for the blood they shed that it might not have been shed in vain. Here them Creator Father Mother God/des and answer their pleas. We their children, the children of democracy, demand judgment against the DNC and Obama of America.
Send down your wrath upon the oppressors of the children yearning to breathe free air and install our champion Hillary as the true voice of justice. She has been a faithful servant and has as always kept her word allowing those her tormentors to jeer and make sport of her for their own purpose.
If through their continued guile and cunning they should steal the prize so hard fought and won by our Hillary, give them no rest and let them find no place to continue their fraud. Reign down defeat on them like fire from the heavens. Give them no quarter and let them know they now are the hunted. Let them lament their misfortune that they should know they have been judged harshly for their turning away from their own principles for the sake of pride, power and greed.
Their plans turn them to dust and at their great assembly make burst forth from the heavens a deluge like has not been seen since the time of Noah. For the land where they make their boast on is parched and dry. Let your thunder be a testament against them and the lighting a judgment on them.
Creator give us justice for the land cries out for it and creationknows you are just. Do not let these usurpers prevail we your servants stand ready to do what is your call.
Amen
fuzzybeargville
Do not piss fuzzy off or the celestial sh*t will hit the fan
on August 25th, 2008 at 12:33 am
Please…..Please…Let this be true.
on August 25th, 2008 at 12:50 am
Here’s an excerpt from the British press:
Sunday, August 24, 2008
Obama Faces Court Case In President Bid
The US Main stream media won’t touch it, but doubts over Obama’s eligibility to run for President just won’t go away.
Now a US court has been asked to stop Obama’s bid for president and nomination at this week’s Democrat convention.
The move comes as US bloggers, from all shades of political opinion, are becoming increasingly frustrated that allegations over Obama are being ignored.
**********
Call your local TV station and ask when they’re going to report it.
on August 25th, 2008 at 1:24 am
IF YOU CAN’T VOTE FOR OBAMINATION OR VOTE FOR MCCAIN VOTE FOR NADAR THAT WILL TAKE VOTES AWAY FROM THE DEM’S.
THANKS DARRELL
PUMA PAC DEMOCRAT—JUST SAY NO!
on August 25th, 2008 at 3:12 am
To michael P Varvel, Thank you.
To God: Please hear our cry and grant us this according to your word and in the name of Jesus.
Please forgive us our transgressions and sins through Jesus.
You are an almighty and wonderful God. We praise and thank you for everything you have given us. You are always a “just in time” God so we will wait patiently for your power and love for us to work through this for us. We only need you God for no media can hold our mind when it is focused on you and your word. We are now awake and thinking of ways to better our earth that we have been so blatantly been abusive to. We are not too late to use our Free Will you have granted us for the good, to improve our country and help the ones that need our help. We ask this humbly in your name.
Amen
on August 25th, 2008 at 7:10 am
I have to wonder what Obama did while in Hawaii!
Apparently there are people who will “work with” Obama to accomplish what ever he desires. I wonder if the documents will magically appear and he will be able to say ” I didn’t put them out because all along I was just what I said i was.” Money talks and he has so much backing that they can pretty much buy off anyone who has no scruples. Hannity is the only one that will cover anything negative about Obama. Seems to me that this FULL SPEED AHEAD, GET OUT OF MY WAY, campaign is being run by Donna Brazile and Leah Daughtry, based on the sign that is said to be in Daughtry’s church “They Owe us!”
And the winner izzzzzzzzzzzzzzzHillary Clinton, 2008!!!!!!!!!!!!
on August 25th, 2008 at 10:35 am
For all of you who just got aware of this dual citizenship issue, I wrote 2 articles this past two weeks on the subject. That should clarify it. I did not address the Kenya angle, but legally it is pretty much similar to the Canadian angle addressed in the 2nd post.
They were posted on Hillary-meilleur-choix-qu-Obama a coalition site written in English and translated in French for the Benefit of the Canadian and Other French speaking Press and Pumas.
http://hillary.meilleur.choix.qu-obama.over-blog.com/article-21885698.html
http://hillary.meilleur.choix.qu-obama.over-blog.com/article-22002688.html
on August 25th, 2008 at 10:39 am
Congrats to Attorney Phil Berg for filing a great set of documents!!! So succinct and on target!
Although she is on the Right, commentator Tammy Bruce, in 2001, authored “The New Thought Police” - in one of the chapters, she shows how only about six (6) people in the US control the mainstream media. She gives names.
This is could be one reason why when the mainstream media wants to ignore a subject (such as Soetoro’s citizenship issue), it gets ignored.
MG
on August 25th, 2008 at 10:50 am
Finally! A story in the MSM in Philadelphia!
http://www.timesherald.com/site/news.cfm?newsid=20089295&BRD=1672&PAG=461&dept_id=33380&rfi=6
Send comments thanking them and encourage them to keep publicizing. They report that the Obama camp in Philly had “no comment.”
on August 25th, 2008 at 11:47 am
wow!! i was just at the mcain website and watched a new ad called “Debra” - and then - keep watching after that ad is finished and another ad comes on featuring hillary!!! wacking obama!!! woohoo!
http://www.johnmccain.com
MG
on August 25th, 2008 at 1:05 pm
***UPDATE Re: Federal Lawsuit Against Obama
I am hearing that the US Marshalls Office has served Obama and the DNC with the lawsuit. remember, the presiding judge did not sign a TRO last week, but requested Berg (the Plaintiff) to serve the defendants (Obama, DNC, et al.) and then once served, the matter would come back before the court this week.
http://www.timesherald.com/site/news.cfm?newsid=20089295&BRD=1672&PAG=461&dept_id=33380&rfi=6
From article today, 8/25/08:
Sean Smith, Obama’s Pennsylvania communications director, was contacted Friday about the suit but declined comment.
The civil suit filed by Berg will be reviewed by the U.S. Federal Election Commission, according to Patty Hartman, a spokeswoman for the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
BOOM!
Hammer meet nail!
Looks like “The One” may be done!
Anyone heard any new updates on this case this today?
on August 25th, 2008 at 1:51 pm
I google the words “Philip Berg” Obama Philadelphia to find info.
on August 25th, 2008 at 2:09 pm
Interesting. This article only has 2 comments posted, although I sent one several hours ago - nothing “unpublishable”. Looks like another coverup?
http://www.timesherald.com/site/news.cfm?newsid=20089295&BRD=1672&PAG=461&dept_id=33380&rfi=6
on August 25th, 2008 at 2:24 pm
baj:
Same here, I posted a comment about 4 hours ago which has yet to be published.
Regarding the Times Herald comment from “Linda” - my response was that no one is arguing that Dual Nationals possess certain rights, however, holding the Office of the President is not one of them.
MG
on August 25th, 2008 at 3:27 pm
my comment was that Indonesia doesn’t allow for dual citizenship, so when he had an Indonesian passport he couldn’t have been a US citizen.
***
I didn’t put this in but have wondered, if he hasn’t taken oath of allegiance to US since then, does that make him an illegal immigrant? !! ?
on August 25th, 2008 at 5:44 pm
It’s time to shame the MSM into doing something. I went to “Contact Us” at NPR and sent this message:
When will NPR take up this story?
http://www.timesherald.com/site/news.cfm?newsid=20089295&BRD=1672&PAG=461&dept_id=33380&rfi=6
http://freerepublic.com/focus/f-news/2065855/posts
A lawsuit filed in federal court and Aug. 21 and Obama served by a federal marshal today - and nary a peep from NPR?? It’s been 4 days - plenty of time for campaign to provide documentation refuting the claims — starts to look like they’re true. Yet nothing on your website or on All Things Considered?
I’ve been a listener and a member for more than 30 years, and I always thought I could count on you to tell the tough stories. Why nothing on this one?
on August 26th, 2008 at 9:45 am
may not hold dual citizenship or multiple citizenships with foreign Countries
Sorry, that’s not in the constitution.
This thing has zero legs.
If it had any, Hillary would have already known about it and exploited it.
on August 27th, 2008 at 8:43 am
The more important question is how will the voters feel when they find out that Obama has dual citizenship? Will they go stand in line to vote for him?
Watch for the media to pick this up as a talking point after the convention.
on August 27th, 2008 at 11:54 am
You guys are beginning to lose credibility with the vitriol you are expressing regarding Obama. As with all politicians - and people - the man has issues, chief amongst them that he is over-ambitious and should have waited 4-8 more years before running for President.
Having said that, a number of environmental issues meshed together at the right time to get him the nomination, and none of them need to involve embarrassing conspiracy allegations, the childish inability to move forward and accept defeat, and hateful rhetoric aimed at the destruction of the elected candidate when Hillary Clinton was beaten fair and square. I find it particularly troubling, and almost dubious (although I’m not a conspiracy theorist myself, so I will take it at face value that you don’t have another motivation such as supporting McCain), that you’re not just choosing the most similar candidate who is currently electable. Instead, you are participating in a lynching - yes, that’s the word I used and it’s appropriate here in my opionion - of the candidate most likely to serve women’s rights and move us forward in a much needed different direction than the disaster the last 8 years has taken us in.
Bush got re-elected in 2004 because people were stupid and short-sighted. Did that one take a conspiracy? My answer is “no”: people were stupid and short-sighted and fearful of the boogeyman (i.e., terrorism). Would he have been elected two years later? No. The country had learned its lesson. My point? What’s done is done and there’s no taking it back. IF Hillary had taken a different tact and been more like the woman she was last night earlier, and less robotic, there’s a good chance she might have won. IF the primaries took place now instead of earlier this year, she might have won. IF, IF, IF. However, she didn’t, she blew it, and she has only herself to blame. It’s too bad, it might end up costing us, but we are where we are and silly lawsuits, defamation of Obama’s character, and all other forms of denigration (or is it really deniggeration?) are aren’t going to get this done.
So lick your wounds. Enjoy your time in the quasi-spotlight doing Chris Matthews and Larry King (and, with regards to the latter, try not to look so much like Ann Coulter in your silly presentation and vacuous arguments). I hope you enjoy yourselves, but I certainly hope you don’t get your way. Some feelings of perceived unfairness on the voting trail (i.e, “they didn’t invite us in; they didn’t treat us like we matter”) are just too wimpy and self-centered. Revisiting Florida and Michigan like martyrs when Senator Clinton took her name off of one and was the only one who didn’t the other - and then acting like she should get all the votes - was reckless selfishness at its best.
Politics is a tough business. It’s filled with insinuations, accusations, and carefully worded statements that come across as half-truths. It requires a certain amount of expedience to get elected, and you don’t know whata you’re getting until he or she is in the seat. Bush said much the same thing that Obama’s saying (”change”, “Washington outsider”, “bipartisan”), and while we got the first (no thanks) and perhaps the second (laughable given his father had been President, and speaks more to his meager ambitions than to anything admirable), we certainly never got the third. He should have said, “i talk to God”: then he would have been booted. He said, instead, what he needed to to get elected. Welcome to the real world, folks.
I won’t plead that you end this site or whatever agenda you have. I await your ridicule, disdain, or correction. It’s a free country, after all. However, in the spirit of that notion, I simply wrote to say that I find what you’re doing destructive, dividing, self-serving (although I’m still not clear what the larger issue is), poorly conceived, rudely executed, and hateful. I also suspect, whether conscious (unlikely) or not, that it’s racist and/or xenophobic. Your positions and wide array of insults and negativity are serving your initial point poorly and putting you at risk of being more misunderstood, isolated, and as a consequence less impactful. That is one guy’s opinion. . . I’m done with the site but wish you all the contentedness you seek.
on August 27th, 2008 at 1:23 pm
Desperaaaaaaaaaaaaaaaaation ( set to the tune of John Lennon’s ‘Isolation’)
on August 29th, 2008 at 2:32 am
[…] the “peoples” court: berg vs. obama hireheels.com […]
on August 30th, 2008 at 11:43 am
Now I’m not 100% on this but I think that if Barry was born in Kenya while it was part of the British Empire (or anywhere else that was in the British Empire at the time) he would be a British citizen at birth. Our colonial delusions of grandeur led to many laws that imitated those of The Roman Empire. He would have gained Keynan citizen ship and dual British / Kenyan nationality on Kenya gaining its independence.
So he is now Kenyan / British / Indonesian. Anything but American in fact.
If only his mother could have kept her knickers on around foreign guys it would have saved a lot of trouble.
on September 15th, 2008 at 10:40 am
PHIL BERG FOR PRESIDENT….
on September 17th, 2008 at 6:58 pm
why hasn’t the media picked up on this yet?
on September 29th, 2008 at 5:24 pm
Why is there not a single friend come forward with any update? I want 100% proof on this matter before the elections ! Why all this stalling, this is nor never has been a joke..to the AMERICAN public.
Come clean OBAMA TEAM!!!!! why can’t you show the goods we need? You have it or you don’t. Let’s get this done your all BIG BOY’S.
on October 7th, 2008 at 4:09 pm
IF these allegations are false, how come Obama has spent more time, money and energy avoiding producing these documents and fighting this as a rumor than it would have taken to simply sign the danged releases needed to get the docs to PROVE the allegations false? If I were the one running, and I new these accusations were lies, I would produce the documentation ASAP so that we could move on. Instead, as late as yesterday, Obama continues to file briefs and motions to attempt to avoid producing them all together. Are these the actions of a man who has nothing to worry about?
on October 11th, 2008 at 1:38 pm
The lawyer who filed the suit said he would dismiss it, if Obama will just present the required records, one which is the vault copy of his birth certificate, which is not the same as the one floating on the internet.
Below is a petition someone started to get Congress to press the Berg lawsuit by having Senator Obama present the records requested. The real story is why Obama is fighting the case and not just producing the documents.
Here is the link to the petition;
http://www.rallycongress.com/constitutional-qualification/1244/stop-obama-constitutional-crisis
So far Mr. Obama has refused to produce the documents and is trying to fight the court order to produce the documents.
Any American should be able to prove citizenship in less than a day. Why can’t Mr. Obama?
Here is a link to the actual court documents - http://news.justia.com/cases/featured/Pennsylvania/paedce/2:2008cv04083/281573/
A constitutional crisis will rip our country apart. If this is not cleared up now we will have a crisis. If you care at all about America you must call for Mr. Obama to produce the documents and prove that he is eligible to be President.
on October 13th, 2008 at 7:20 am
The mainstream media the DNC the Obama campaign the congress this is blatant and this will be a moment in history where one party is totally destroyed, the media is totally ignored and most likely file bankruptcy because of their own dishonesty perpetrating this fraud. This is because of the Marxist infiltration of a once noble party, They took control of our schools through the teachers union, they took control of the media. they have taken control of a political party and now intent to take control of the country by fraud. The American people need to stand up and fight this in the voting booth. They need to stand up and reject the undermines of ACORN voter fraud. Democrats take back your party and make it great once again. Republicans realize your party is also infiltrated find them and through them out as well. Lets become again a great nation of the greatest FREE!! people in the world as today there is a war and I am not saying in Iraq or the war on terror I am saying the 2008 civil war of ideology. I piece I just wrote published at
http://www.socyberty.com/Government/2008-Civil-War-in-America.294657
on October 16th, 2008 at 5:40 pm
Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. It’s inherent virtue is the equal sharing of misery. Winston Churchill
on October 21st, 2008 at 7:08 pm
barack obama’s presidential campaign - the untold story; the early years
washington, dc - october 21, 2008 — do you think you know obama’s full history? how did obama rise in the democratic party? what paths lead obama to where he is now?
most of us know obama was a community organizer and that he went to harvard law school. other than those basic details we know very little else. why? because obama has refused to release his records. while it is not necessary for a presidential candidate to release all their records, it is standard to do so.
what is obama trying to hide by not fully disclosing his past?
how does a bright young man get into one of the most prestigious school in the world without any apparent connections and no notable accomplishments? the answers is obama did have a connection; a letter of recommendation from the civil rights activist and malcom x’s lawyer percy sutton (sutton’s bio).
so why did such a notable figure recommend obama to harvard when he didn’t know obama? sutton was asked by khalid al-mansour a top saudi adviser to write the letter to harvard. here you can listen to sutton in his own words during an interview. article referenced in the the video.
so that’s how obama got into harvard, but what is obama’s connection with khalid al-mansour, a top saudi adviser? we don’t know; the mainstream media has not asked and obama is refusing to disclose any information.
when the bush ran for office their relationship with the saudi’s was fully explored. the bush’s are a texas oil family and did oil business with the saudi’s. obama has no oil connections, so what is his connection?
senator barrack obama needs to fully disclose his relationship with khalid al-mansour and the saudi’s. obama’s refusal to do so only leads people to assume the worst…the saudi’s export 2 things: oil and their ideology. the saudi radical islamic ideology spawned al-kida and the 9-11 attacks.
further reading: obama’s harvard years: questions swirl