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dusty
Admiral
Joined: 27 Aug 2004
Posts: 1264
Location: East Texas
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 Posted: Wed Aug 27, 2008 3:26 pm Post subject: Interesting lawsuit just filed |
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Now this could get really interesting. Is this what's called a 'monkey wrench'? This suit was filed Aug. 21, 2008 apparently.
http://www.globalresearch.ca/index.php?context=va&aid=9920
| Quote: | A prominent Philadelphia attorney and Hillary Clinton supporter filed suit this afternoon in the U.S. District Court for the Eastern District of Pennsylvania against Illinois Sen. Barack Obama, the Democratic National Committee and the Federal Election Commission. The action seeks an injunction preventing the senator from continuing his candidacy and a court order enjoining the DNC from nominating him next week, all on grounds that Sen. Obama is constitutionally ineligible to run for and hold the office of President of the United States.
Philip Berg, the filing attorney, 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.".
Berg cited a number of unanswered questions regarding the Illinois senator's background, and in today's lawsuit maintained that Sen. Obama is not a natural born U.S. citizen or that, if he ever was, he lost his citizenship when he was adopted in Indonesia. Berg also cites what he calls "dual loyalties" due to his citizenship and ties with Kenya and Indonesia.
Even if Sen. Obama can prove his U.S. citizenship, Berg stated, citing the senator's use of a birth certificate from the state of Hawaii verified as a forgery by three independent document forensic experts, the issue of "multi-citizenship with responsibilities owed to and allegiance to other countries" remains on the table. |
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Me#1You#10
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| Posted: Wed Aug 27, 2008 3:46 pm Post subject: |
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This is, I believe, the second such lawsuit filed in this regard and seems to be a logical step in the resolution of this particular Obama controversy.
I'm wondering, though, if these various lawsuits will be fast-tracked through the judicial process in time enough to make any difference.
What happens if the judicial process follows its normal, glacially slow timetable, Obama gets elected and the process determines his ineligibility AFTER his inauguration?
Would we be addressing President Biden at that point? |
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zinfella
Rear Admiral
Joined: 19 Aug 2004
Posts: 708
Location: Mesa, Az
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| Posted: Wed Aug 27, 2008 3:58 pm Post subject: |
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| Me#1You#10 wrote: | This is, I believe, the second such lawsuit filed in this regard and seems to be a logical step in the resolution of this particular Obama controversy.
I'm wondering, though, if these various lawsuits will be fast-tracked through the judicial process in time enough to make any difference.
What happens if the judicial process follows its normal, glacially slow timetable, Obama gets elected and the process determines his ineligibility AFTER his inauguration?
Would we be addressing President Biden at that point? |
Whoa, #1, I haven't even had my first cup of coffee yet, but that woke me up!
Anyone that knows the Clintons knows that they will never give up on moving back into the White house. Maybe some federal judge will order the election to be put on hold until this gets resolved. Whadaya think?
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Me#1You#10
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| Posted: Wed Aug 27, 2008 4:23 pm Post subject: |
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| zinfella wrote: | | Maybe some federal judge will order the election to be put on hold until this gets resolved. Whadaya think? |
If you mean postponing the election day process itself, that just ain't gonna happen.
If you mean delaying the inauguration of a victorious Obama, that ain't gonna happen either.
If these cases don't get tossed out of court on some technicality (probably a favored inclination of the judiciary), your guess is as good as mine if Obama were, ultimately, unable to legally support his eligibility for POTUS. |
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zinfella
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Joined: 19 Aug 2004
Posts: 708
Location: Mesa, Az
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| Posted: Wed Aug 27, 2008 5:08 pm Post subject: |
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The above article was the first time that I've heard this:
"Even if Sen. Obama can prove his U.S. citizenship, Berg stated, citing the senator's use of a birth certificate from the state of Hawaii verified as a forgery by three independent document forensic experts, the issue of "multi-citizenship with responsibilities owed to and allegiance to other countries" remains on the table."
One would assume that would be a very hot topic, but, it sure hasn't been yet.
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dusty
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Joined: 27 Aug 2004
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Location: East Texas
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| Posted: Fri Sep 05, 2008 2:45 pm Post subject: |
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Update:
Just got this in as an email from a friend purportedly disseminated by KEITH PHUCAS , Times Herald Staff. Haven't checked the veracity of it yet.
| Quote: |
Motion Denied in Obama Lawsuit
By: KEITH PHUCAS , Times Herald Staff
PHILADELPHIA - A Lafayette Hill lawyer who filed a legal challenge to Sen. Barack Obama's presidential candidacy claiming he doesn't meet U.S. residency requirements had a motion for a temporary restraining order denied Friday.
A day earlier, Philip Berg filed a motion for a temporary restraining order in federal court in Philadelphia questioning the authenticity of Obama's Hawaii birth certificate and claiming the Illinois senator was actually born in Kenya, according to court papers.
Though the motion was denied, Berg said he was encouraged that Judge R. Barclay Surrick did not dismiss the lawsuit. The litigation also sought 'expedited discovery.' "We're still waiting to serve the senator," Berg said in a telephone interview Wednesday.
Discovery would include examining the candidate's birth certificate and adoption papers, among other documents, Berg said. Besides Obama, the Democratic National Committee (DNC) and Federal Election Commission (FEC) are also named as defendants. In the motion's supporting memorandum, Berg charges that the DNC failed to verify Obama's eligibility to run for president.
In order to be eligible, presidential candidates are required to be "natural born" citizens and may not hold dual or multiple citizenship from foreign countries, according the suit's legal memorandum.
According to Obama's birth certificate, which his campaign posted on its Internet site in June to quell rumors, the senator was born in Hawaii on Aug. 6, 1961. The lawsuit, however, questions the Democratic candidate's claim that he was born in a Honolulu hospital.
The candidate's late father, Barack Obama Sr., was a native of Kenya, and Berg claims the 47-year-old presumptive presidential candidate's Kenyan relatives say he was born in the African country.
Obama's mother, Ann Dunham, grew up in Kansas, and his parents met at the University of Hawaii when Dunham was a student there, according to the Obama campaign. Eventually, Obama's father returned to Kenya, and his son grew up in Hawaii with his mother and for a few years in Indonesia after Dunham married an Indonesian man, Lolo Soetoro. As well, Obama lived with his maternal grandparents in Hawaii.
Dunham reportedly traveled to Kenya during her pregnancy, and she was prevented from boarding an airline flight from Kenya to Hawaii because of the late stage of her pregnancy, the lawsuit alleges. She reportedly gave birth to Obama in Kenya, then flew home to Hawaii and registered his birth there.
Under U.S. law at the time of the Illinois lawmaker's birth, if he had been born abroad, and one parent was a U.S. citizen, his mother would have had to live 10 years in the U.S., five of which after she reached 14 (years of age), according to court papers.
However, Dunham was only 18 years old when she gave birth to her son, not 19, Berg says, and Obama therefore would not have met U.S. citizenship requirements. Berg concludes that the Democratic candidate is a Kenyan citizen. And because he never renounced his Kenyan citizenship, he is ineligible to run for president.
Berg's office has not received confirmation that Obama's campaign has received the legal complaint, but he feels certain the campaign has heard about it. "Six days later (after the suit was filed), there's not been one word from his campaign, which tells me I'm on the right track," he said.
The 64-year-old Whitemarsh attorney has been fielding phone calls almost nonstop after word got out about the legal action. On Friday, Judge Surrick denied Berg's emergency request, Berg said, because Obama had not yet been served with the legal complaint and a summons.
The U.S. Attorney's Office of the Eastern District of Pennsylvania accepted service of the suit on behalf of the DNC and FEC, according to Berg's office. Once the senator is served, Berg will be able to move the suit forward in court. The case is still "very alive and active," according to an e-mail message from his office. The lawyer plans to file another motion for a temporary restraining order once Obama has been served.
The Democratic National Committee could not be reached for comment Wednesday.
Mary Brandenberger, a spokeswoman for the Federal Election Commission, knew about the suit, but said the FEC could not comment on any ongoing litigation.
Keith Phucas can be reached at kphucas@timesherald.com or 610-272-2500, ext. 211. |
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Me#1You#10
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| Posted: Fri Sep 05, 2008 3:01 pm Post subject: |
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| Quote: | | On Friday, Judge Surrick denied Berg's emergency request, Berg said, because Obama had not yet been served with the legal complaint and a summons. |
This cannot be good news for Obama and it appears that the judge might be inclined to let this go forward. |
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TEWSPilot
Admiral
Joined: 26 Aug 2004
Posts: 1235
Location: Kansas (Transplanted Texan)
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| Posted: Fri Sep 05, 2008 4:30 pm Post subject: Who's your daddy? |
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Judge R. Barclay Surrick was confirmed by the Senate in 2000.
SUMMARY
Executive Business Meeting
Senate Judiciary Committee
May 18, 2000
Dirksen Room 226 at 10:00 a.m. [Quorum not present]
Continued in The President’s Room at 3:00 p.m.
II.Nominations:
R. Barclay Surrick
of Pennsylvania, to be United States District Court Judge for the Eastern District of Pennsylvania
STATUS Approved, not unanimously. See tally sheet. |
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homesteader
PO3
Joined: 17 Sep 2004
Posts: 294
Location: wisconsin
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| Posted: Sat Sep 06, 2008 2:39 am Post subject: |
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| There needs to be no resolution to this case. All that needs to happen is for headlines to appear BIRTH CERTIFICATES FORGED. Let that scorch its way through the blogoshpere and muddy the waters for a few weeks (in October preferably). It needs to be close enough to the election so that the messiah goes into the election with unanswered questions about his eligibility. |
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TEWSPilot
Admiral
Joined: 26 Aug 2004
Posts: 1235
Location: Kansas (Transplanted Texan)
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| Posted: Sat Sep 06, 2008 2:43 am Post subject: |
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| You KNOW it would happen if the Republican candidate were in this predicament...wonder what Dan Rather is doing these days.... |
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