tag:blogger.com,1999:blog-2933451571648961975.post4139239343289972635..comments2019-04-25T06:24:10.370-07:00Comments on BednarzBlogSpot: Federal Judge dismisses the Foreign Citizenship lawsuit against Obama - Is the fix in?Michael R. Bednarzhttp://www.blogger.com/profile/00148231580736673718noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2933451571648961975.post-44177237803753152822008-10-26T19:39:00.000-07:002008-10-26T19:39:00.000-07:00Handled right, the Fed District Court throwing out...Handled right, the Fed District Court throwing out Berg for lack of standing can present a political check-mate “win” on appeal for the anti-Obama side (if not in law, in the Court of Public Opinion). Here’s how: SIMPLY SPREAD AROUND OBAMA’S APPELLATE BRIEF HAVING TO ARGUE AGAINST AN AMERICAN VOTER’S RIGHT TO RAISE THE QUESTION UNDER THE CONSTITUTION. Should be a PR disaster for the Dems and Obama!!!Tedhttps://www.blogger.com/profile/04011502155494655727noreply@blogger.comtag:blogger.com,1999:blog-2933451571648961975.post-1630931393102493962008-10-26T16:12:00.000-07:002008-10-26T16:12:00.000-07:00smrstrauss in reply:Let me try and refute your poi...smrstrauss in reply:<BR/><BR/>Let me try and refute your points here for the sake of argument. First off my articles and position is based upon and couched here in the form of questions. I am only suggesting by his lack of convincing documentation and proof that only he (and the DNC) could easily provide, that there is a possibility he isn't who and what he states he is; a qualified candidate for POTUS. Obama has now led me to the conclusion over time that if he can't prove it; he must not be eligible. Let me be clear on this... I want him to prove me wrong! For the sake of our nation and Republic. Especially in this late stage with what could occur if Berg and my fears come to pass. Okay?<BR/><BR/>Therefore, in a civil suit like this unlike a criminal suit it is the duty and obligation of the defendant to disprove the charges as Berg is being blocked from records and access to information including Obama's birth, college records, and even records in Mobasa Kenya for instance. By contrast when this very controversy came up in regards to McCain being born in Panama at the Canal Zone while his father served there, he provided everything requested immediately, Original Long form Birth Cert. and hospital records, and all access to military/medical records throughout his entire life, and it was proven that he is a natural born citizen quickly and cleanly. But, in contrast we have Obama, ducking and dodging. Why?<BR/><BR/>In this suit if it went forward so to would his request to go forward with "discovery" and he gets to see their proof and documentation and they get to see anything, including the "tape" that Berg has. That said:<BR/><BR/>The civil suit simply requires Obama to produce legal and verifiable Original documents as stipulated by the Plaintiff. Plaintiff cannot prove it without access to his records. Long Form Hospital Birth Certificate, etc. amongst others. Because Barack has refused and had all his records sealed, including , as a result Berg doesn't have the ability to prove his case, Obama must prove his, for instance I have seen the Birth notice from the paper, anyone could put that in the paper, it's a paid notice of a birth by perhaps proud grandparents, without stipulation as to where he was born. In any event, they could offer it as proof, but I don't think it qualifies as legal evidence to ensure someone seeking the most powerful position in the world, POTUS. Further, in Berg's suit he contends regardless of Obama proving his birth in Hawaii he still faces two other scenarios negating his natural born eligibility.<BR/><BR/>First: If his mother and father were both U.S. Citizens, no doubt-he's automatically natural born if in Hawaii. However thats not the case in his instance, his father as a Kenyan National. Then different criteria comes into play. Under Article II and how it's recognized, with a foreign father and his U.S. Citizen mother would have to have been 21 at the time of his Hawaii birth. She was not, she was only 18.<BR/><BR/>Secondly: If Obama was adopted by his Indonesian step father and was granted Indonesian citizenship as claimed by Berg and supported by Indonesian records, including school documents, then unless he renounced his Indonesian citizenship upon returning to the U.S. to live in Hawaii, he is still an Indonesian citizen and our Constitution does not entrust the Presidency under Article II to anyone with other citizenship standing. Further, Berg contends and has evidence that Obama traveled to Pakistan under an Indonesian Passport as a citizen thereof due to both the U.S. not allowing any U.S. Citizen travel there, or Pakistan allowing any U.S. Nationals in during that time.<BR/><BR/>Now accepting your scenario which I think could possibly happen. Suppose before the election occurs the Supreme Court decides this suit in Berg's favor? Obama proves to be ineligible and they grant Berg's remedy? Remember here, Berg is an avowed and lifelong Democrat. His motive is not and never was for McCain. It is for the Constitution. He filed this action before the Democratic Convention precisely so the DNC would replace the candidate that was ineligible. Yes, at that time it would have been Hilary, whom he supported, but they refused to answer the suit and we are where we are now. That is the remedy and injunction asked for and that would be granted to Berg if he wins. Replace the Candidate on the Ballot or Disqualifly Obama, and in that case, I think it disqualifies Biden too, he's not running for President, and it the disqualified candidate isn't legally able to be or serve as President, the assumption to the Presidency by the V.P. nominee is also not valid and he is not automatic by virtue of the no. 2 spot. Unless the DNC then decides to make Biden the nominee before the election.<BR/><BR/>Here is the Constitutional Crisis. If Berg wins in the US Supreme Court before the election, the DNC has to replace the candidate. With whom? Biden? Maybe, but what about Hillary and say her Democratic patrons, she received more votes from Democrats than even Obama did? Now, what if after the election Berg wins? I think it gets even stickier and trickier. If per my above argument Biden can't ascend to the top of the ticket by virtue of being the selection of an ineligible candidate, do the Democrats forfeit their candidate as ineligible and McCain wins? That could happen. Or, does the Court decide that new elections should be held? And if they are, does Speaker Pelosi (assuming she's re-elected) assume the Presidency if we don't have the President Elect decided prior to Jan. 20th, 2009.<BR/><BR/>All in all, ugly and crazy scenarios that we don't want to see come to pass. Is there any other position here but to agree now that Obama simply has to answer the legitimate questions before him, or step aside without further delay if he can't satisfy the legitimate standards of our Constitution.<BR/><BR/>Respectfully,<BR/><BR/>Michael R. BednarzMichael R. Bednarzhttps://www.blogger.com/profile/00148231580736673718noreply@blogger.comtag:blogger.com,1999:blog-2933451571648961975.post-22176852897532022222008-10-26T15:01:00.000-07:002008-10-26T15:01:00.000-07:00Let us suppose you were right and that Obama was n...Let us suppose you were right and that Obama was not born in Hawaii. <BR/><BR/>He WAS born in Hawaii. I’ve seen pictures of his birth certificate (or perhaps it was a certificate of live birth, in any case it is a legal document proving he was born in Hawaii) and there is a confirming notice in the Honolulu Advertiser, which I've seen pictures of too. <BR/><BR/>Moreover the guy who is bringing the suit has never shown his alleged evidence. He claims that he has an audio tape from his Kenyan grandmother, which of course could be from any old Kenyan woman. <BR/><BR/>The usual procedure when you want to prove something is that you produce the evidence to prove it. You do not claim that the other side’s not producing evidence against what you say is proof of what you say. I mean proof in the sense of convincing the public. <BR/><BR/>But suppose on a wild chance that that the birth certificate and the notice in the Honolulu Advertiser were both wrong.<BR/><BR/>Suppose that Obama were born outside the USA. Suppose that this fact were to be proven before the election. Would this make McCain president? No. It would merely make Joe Biden the presidential candidate of the Democratic party.<BR/><BR/>Would Biden win just like Obama would? Sure. <BR/><BR/>Would he win even bigger than Obama would? Maybe. You can’t call him inexperienced or a terrorist or a friend of Ayers, nor would people who vote against Obama because of his race or alleged Arab ties or alleged Moslem religion vote against Biden. <BR/><BR/>Biden would get all the votes of Obama and maybe a few more. <BR/><BR/>Suppose it was proven after the election. Would that make McCain the president? No. If the Congress really bought the fact that Obama was not naturally born in the USA, and that Obama was not eligible to be president (which is a stretch because it is controlled by Democrats), then in the process of approving votes they would rule Obama ineligible and Biden would be president. (But as I say, that’s a real big stretch.) If it were to go to the Supreme Court (which is a stretch because the court in the past said that the Congress has to decide such things), then would they give the election to McCain? No, at most they would give it to Biden.<BR/><BR/>So, what is the point?smrstrausshttps://www.blogger.com/profile/17130680385818556655noreply@blogger.com