Here is the latest in the continuing saga of my previous article from October 23, 2008 asking the crucial question: Is Obama not a U.S. Citizen? He Refuses to Answer Federal Lawsuit to Remove him from Ballot
The judge in the case of Berg v. Obama at 6:35 PM on Friday the 24th, (what better time to for the judge to avoid any attention than a late Friday evening weekend decision and press release that would lead to the HUGE coverage like this big 4 paragraph "story" by the MSM and Associated Press) dismissed the case against Obama and the Democratic National Committee (DNC). U.S. District Judge R. Barclay Surrick's reasoning was primarily that Philip J. Berg esq. as Plaintiff didn't have "standing." Which in attorney-speak means he failed to prove or show how he would be "harmed" i.e. where the typical criteria in Civil Lawsuits is to show monetary harm to the plaintiff. Berg didn't cite any specific numerical dollar amount nor did he seek any; he asked simply for injunctive and restraining relief vs. Obama and the DNC.
Berg v. Obama's remedy required Obama and the DNC to simply prove Obama's citizenship and eligibility to be POTUS. If you can't (or won't) the judge had to order you off the ballot as a candidate for POTUS and the DNC must substitute a qualified candidate in all 50 states. Then, if shown to be ineligible as candidate for POTUS the judge would further rule on whether Sen. Obama meets the standards laid out for his currently held elective office and any criminal fraud referrals subsequent to illegal actions. Here is why I think the judge is so wrong on the issue of "standing". There are many instances where civil suits provide redress for Defamation and Slander that have no monetary relevance. An example would be the harm to your character, reputation, or public standing in a community by someones actions that are defaming or libelous, it's not always measurable solely as a tangible dollar amount.
Berg, evidently didn't impress upon the judge with his "standing" as a U.S. citizen, life-long 30+ year Democratic Party member, former Deputy Attorney General of the Commonwealth of Pennsylvania, Democratic candidate in Pennsylvania for Governor and U.S. Senate, and as a currently licensed and practicing Attorney sworn to uphold and defend the U.S. Constitution; that he had no standing or would be harmed significantly enough by the actions of an unraveled political party, political system, and national crisis ensured with a fraudulent candidate perhaps winning election as POTUS. For Gods sakes if he has no standing, what chance do we average citizens have?
The judge actually decided he wouldn't be harmed and lacked standing? Excuse me? Easily a point of contention on appeal to the Supreme Court of the U.S. in my humble albeit common-sense based opinion. Really, who could accurately predict how much unfathomable economic "harm" or mayhem would befall the nation when it is thrust into virtual civil war or civil unrest of an unprecedented scale when Obama supporters fail to appreciate why after being elected; he would not be allowed to become President? Just think back to L.A. a couple decades ago and how the Rodney King verdict was received. Now apply a multiplication factor to that across our nation? What would it be, 10x, 20x, or even hundreds of times worse? Particularly given the fact that our American Media have done such a superlative job of avoiding this story nor reporting the existence of these lawsuits. No examination in-depth of the possibility that Obama is not eligible to be POTUS has been performed by the MSM. If he loses, this will appear not as a Constitutional mandate, but will be perceived by the masses as a blind-side sucker punch coming out of nowhere from Right field. The ensuing rage of incorrectly perceived injustice will make the American Media culpable and responsible for the severity of the reaction by way of their insistence to keep most Americans unaware of this story.
Could this be the "Crisis" that Joe Biden said "mark my words it will happen" and would fall upon Barack Obama shortly after he takes office? We all just assumed the action or test to be of an International or Terrorist nature from abroad. But what if this potential Constitutional crisis is what Joe inferred? Uncle Joe then went on to explain as he asked Obama supporters in Seattle that they would 'need to stand by Obama when it appears he did the wrong thing'?
The judge in Berg v. Obama was gutless and vapid. He further reasoned that it would be up to Congress and the Government to verify and determine presidential eligibility so he reasoned that Berg didn't have "standing" in that regard either. A completely ignorant basis for that decision as every third grader should know the Political parties have always been responsible for selecting and putting forth candidates and with that they should be qualified and "vetted" candidates for political office, on the local, state and Federal level. The Government does not choose who our candidates are going to be; we the people choose. As Berg stated, we are a government by the People, for the People. If we the people do not have "standing"; then we are not America any longer.
Berg released this Press Release, promising to take the appeal of his case now directly to the Supreme Court of the United States of America.
Given the judges own comments in his argument to dismiss, the best hope is with the suits that are filed with the states and the Attorney Generals that have the "governmental responsibility" for determining the eligibility of candidates on the ballots.
Also, in other suit news regarding Obama's citizenship status lawsuits, the judge in Hawaii a few weeks ago ruled on granting a hearing for an out of state citizens' lawsuit filed under the FOI (Freedom of Information Act) by Andrew Martin demanding Hawaii officials must make any of the "sealed" records or official documents (or confirm the lack thereof) relating to Obama's birth and hospital records available. The suit had asked for immediate access, or in any event not later than before the election. The judge granted them the hearing date and access to the documents, but after the election for Nov. 7th. Progress! Although it's a belated victory with the post-election date for release of documents; it is a victory for the right of access to information that Americans have a right to know about.
Wait a minute..hold on now.....they can't have any of that! On October 22nd, the defendants (State of Hawaii) appealed the lower judges ruling to the Hawaii Supreme Court. Why would they appeal a lower judges ruling about Obama's birth records? What do they care that in the judges view the request was a legitimate and lawful request for information in accordance with the Freedom of Information Act (FOI)? The Hawaii Supreme Court reviewd and reversed the lower courts ruling and have blocked the FOI request and the Obama birth records will remain sealed unless presumably ordered by the Supreme Court of the U.S. should Berg's appeal to the Supreme Court be heard, and is successful.
Could the Fix be in with the Democratic powers-that-be of Hawaii? This all occurs just when Obama is coincidentally traveling there to visit his reportedly ailing Grandmother just a day or two of the Hawaii Supreme Court decision? It sure doesn't pass the smell test to me. Just how powerful is the Democratic party in Hawaii? Local political experts predict that after the election Nov. 4th, the Hawaii State Senate will include only 2 Republicans in it's 25 member body. The Hawaii House of Representatives will number only 7 or 8 in it's 51 seat chamber. The total legislative Republican representation is about 10 of 76 elected seats. While it is true that the Governor of Hawaii is a Republican, she governs a state where effectively the entire state and local governments and bureaucracies are under Democrat control and power. Virtually all the judicial appointees have been made within this systemic domination after so many decades of this political monopoly.
Hey Sen. Obama, why are you hiding behind all these judges, lawyers, and legal tactics? All we concerned and doubting Americans want is one thing; the same thing that we all have to provide now just to visit Mexico, or Canada. Provide the legitimate proof required of your natural born citizenship and therefore eligibility to run for President of the United States of America. Why is this so hard? Why put the nation through the doubt, uncertainty and angst?
I am left with only one conclusion. Because you can't prove it. You aren't the qualified natural born citizen as stipulated by Article II of the U.S. Constitution; if you were you would have proved it to us already.
Barack Hussein Obama the time has come to put up or stand down. This nation c a n n o t survive a Constitutional Crisis of this magnitude should it come to that, especially on the heels of our current financial crisis. For the welfare of this nation you need to respond, reveal and prove; not obfuscate, ignore, delay, dismiss, hide or block any longer. Prove your legitimacy. Act like a President even if it is learned you aren't qualified to be one; and put America and Americans first.
For the sake of America and the sanctity of our Constitution; prove it, or end it.
Michael R. Bednarz
Additional information about other suits and the states filed are here below:
Non-partisan and independent reviews and examinations of Obama’s birth certificate as shown on his official website has evidence of tampering and in any case does not list any of the points of information commonly found which would make it traceable and verifiable such as hospital, doctor, size weight, foot prints etc.
Interestingly, all these state lawsuits would be dropped if Mr. Obama would simply provide the requested documents supporting his claim of being born in Hawaii.
Lawsuits in additional states are being added each day. For more information about each lawsuit, contact:
(HI) Andy Martin at email: AndyMart20@aol.com current status: http://countusout.wordpress.com/2008/10/23/hawaii-supreme-court-refuses-to-order-release-of-obama%e2%80%99s-original-birth-certificate/#comment-2106
(CA) David Archbold email email@example.com
(GA) Tom Terry email: firstname.lastname@example.org
(NY) Dan Smith email: Dansmith1954@aol.com
(CT) Cort Wrotnowski email: Metaqubit@aol.com
(VA) Richmond, Virginia — A Petition for Writ of Mandamus was filed in Richmond, Virginia on Wednesday, October 22 before the Honorable Walter W. Stout III.
(OH) David M. Neal of Turtlecreek Township - Warren Common Pleas Court in Lebanon