Update: Lawsuit against Senator Obama

[Guest guest]

Posted: August 23, 2008

5:40 pm Eastern

 

By Drew Zahn

© 2008 WorldNetDaily

 

Philip J. Berg

 

A prominent Pennsylvania Democrat has sued Sen. Barack Obama, the

Democratic National Committee and the Federal Election Commission,

claiming that Obama is not a natural-born citizen and, therefore, is

not eligible to be president of the United States.

 

Philip J. Berg, a former member of Pennsylvania's Democratic State

Committee and former deputy attorney general of Pennsylvania, filed

the lawsuit this week in U.S District Court, asking the court to

declare Obama ineligible for the presidency and to prevent him from

running for the position.

 

A separate motion was also filed seeking a temporary restraining

order on Obama's presidential campaign until Obama's eligibility can

be verified.

 

The lawsuit claims Barack Obama's eligibility is questionable on

several grounds, including the allegation that he was born in Kenya

to parents unable to automatically grant him American citizenship,

that his Hawaii birth certificate is a forgery, that he was made a

citizen of Indonesia as a child and that he retained foreign

citizenship into adulthood without recording an oath of allegiance to

regain any theoretical American citizenship.

 

In short, the suit claims Obama was not born an American citizen,

lost any hypothetical American citizenship he had as a child, may not

now be an American citizen and even if he is, may hold dual

citizenships with other countries. If any, much less all, of these

allegations are true, the suit claims, Obama cannot constitutionally

serve as president.

 

Why would a Democrat do this to his party's own candidate? And why

right before the National Convention?

 

" Eighteen million Democratic Primary voters donated money,

volunteered their time and energy, worked very hard and then not only

supported Senator Clinton, but voted for her, " Berg stated in a press

release about the suit. " All the efforts of supporters of legitimate

citizens were for nothing because (Obama) lied and cheated his way

into a fraudulent candidacy and cheated legitimately eligible natural

born citizens from competing in a fair process. "

 

Berg explained in a radio interview with Roger Hedgecock of KOGO in

San Diego that Internet reports had been persistent over the last

several months that Obama's birth certificate was a forgery and that

he may not be an eligible, natural-born citizen. After doing his own

careful research, Berg explained, he came to the conclusion the

reports were more fact than rumor and that he needed to act quickly,

before the election process proceeded.

 

" I filed this action at this time, " said Berg in a press release, " to

avoid the obvious problems that will occur when the Republican Party

raises these issues after Obama is nominated. "

 

School record that lists " Barry Soetoro, " a.k.a. Barack Obama, as

Indonesian citizen (AP photo)

 

WND has covered many of these reports, including the necessity of

Obama's birth on American soil to establish his U.S. citizenship, the

allegations that the birth certificate he provided is a forgery and

his reported Indonesian citizenship as a child.

 

The lawsuit, however, contends there is enough truth in the various

reports to conclude, " Unfortunately, Obama is not a 'natural born'

citizen. "

 

For example, the suit alleges that while records exist of a " registry

of birth " for Obama in Hawaii (filed four days after his claimed

birthday), no records exist of his mother's stay in any Hawaii

hospital, suggesting she may have given birth elsewhere and filed the

registration shortly thereafter on American soil.

 

" Obama's grandmother on his father's side, half brother and half

sister claim Obama was born in Kenya, " the suit states. " Reports

reflect Obama's mother went 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. Stanley Ann Dunham (Obama) gave birth

to Obama in Kenya, after which she flew to Hawaii and registered

Obama's birth. "

 

The suit further claims that the Republicans " sent a research team to

Mombasa, 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. "

 

Even if Obama produced authenticated proof of his birth in Hawaii,

however, the suit claims that the U.S. Nationality Act of 1940

provided that minors lose their American citizenship when their

parents expatriate. Since Obama's mother married an Indonesian

citizen and moved to Indonesia, the suit claims, she forfeited both

her and Barack's American citizenship.

 

Even after her divorce and return to the U.S., the suit

says, " Obama's mother failed to take the oath in order to regain her

U.S. Citizenship. Therefore, Obama would not have been able to regain

his U.S. Citizenship until he turned 18 years (and) after he took 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, " the suit states.

 

According to the text of the lawsuit, an investigation has shown that

in 1981, " Obama traveled to Pakistan using his Indonesian passport.

At the time of travels to Indonesia, Obama was 20 years old. He was

well aware he maintained his Indonesia citizenship, and failed to

regain his United States citizenship. … Even if Obama maintained his

United States Citizenship, which he failed to do, he also carries

citizenships 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. "

 

Berg claims the lawsuit is necessary, not only to protect the

Constitution, but also to protect the integrity of the Democratic

Party.

 

" If the DNC officers and/or leaders had performed one ounce of due

diligence, we would not find ourselves in this emergency predicament,

one week away from making a person the nominee who has lost their

citizenship, " said Berg in his press release. " The injunctive relief

must be granted because failing to do so, (the DNC's) inaction

defrauds everyone who voted in the Democratic Primary. "

 

 

 

SAMVA , Cosmologer <cosmologer wrote:

>

> Dear Brian,

> You have a valid point, the birth certificate has been shown in the

original.

> http://www.factcheck.org/elections-2008/born_in_the_usa.html

> However, there are other questions apparently being raised about

his legitimacy to run for President, one of which is as follows:

> " According to a legal researcher who  has contacted AFP, U.S. law

very clearly states: 'If only one  parent is a U.S. citizen at  the

time of one's birth, that parent must have resided in the  United 

States for a minimum of 10 years, five of  which must be after the

age of 16.' And therein lies Obama's new  problem: Barack Obama's

father was never a U.S. citizen. "

> I have no idea if these questions or claims have any legal merit.

Time will tell - soon enough.

> Best wishes,

> Thor

> Message from Brian Conrad:

> " It's nonsense.  Official in Hawaii have already dismissed the

allegations.

>

http://rawstory.com/news/2008/Obama_dogged_by_claims_of_birth_0822.htm

l

>

> It's just the criminal faction who have dragged this country into

> massive debt trying to further drag this country down and put the

> population into serfdom.

>

> The astrological connection here is that I believe the controversy

was

> started as astrologers tried to find Obama's true birth time. "

>

>

>

>

> Brian Conrad <brianjtools

> SAMVA

> Saturday, August 23, 2008 7:59:38 PM

> Re: Lawsuit against Senator Obama

>

> David Hawthorne wrote:

> > Dear Thor, , and Friends:

> > 

> > I have in my possession a copy of a current lawsuit that was

filed in the

> > state of Pennsylvania motioning for a temporary restraining order

enjoining

> > Senator Obama from running for the office of the President of the

U.S.

> > 

> > It is based on questions surrounding his eligibility to run for

the office

> > of President.

> > 

> > The lawsuit claims that 1. he is either not a citizen of the

U.S., (that he

> > was actually born in Kenya, and then brought back to Hawaii four

days

> > later), 2. that even if he were born in Hawaii, he lost his

citizenship when

> > his mother re-married and moved to Indonesia with her Indonesian

husband

> > (who may have adopted him), and, 3.  that Senator Obama

technically holds

> > dual citizenships in Kenya and Indonesia, which makes him

ineligible for the

> > office of the U.S. President.

> > 

> > There are several other factors in the lawsuit as well.

> > 

> > Let me know if you want to see it, and I will try to scan the

lawsuit into

> > an email and will forwarded same to the SAMVA list.

> > 

> > I don't know how much significance will be given to the lawsuit.

> > 

> > It was discussed overnight on a national radio talk show, but it

has yet to

> > hit the U.S. public media in general.

> > 

> > My sense, however, is that things are not going to go smoothly

with the

> > democratic convention and that 's prediction

that Senator

> > Obama will not be elected (if the birth information is correct)

is likely to

> > be realized.

> > 

> > Best wishes,

> > 

> > David Hawthorne

>