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Obama Sued in Philadelphia Federal Court (Constitutionally Ineligible for the Presidency)
AmericaRight.com ^ | 8/21/08 | Jeff Schreiber

Posted on 08/21/2008 5:00:24 PM PDT by LdSentinal

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 and the Democratic National Committee. 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.

Phillip 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 naturalized 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.

In the lawsuit, Berg states that Sen. Obama was born in Kenya, and not in Hawaii as the senator maintains. Before giving birth, according to the lawsuit, Obama's mother traveled to Kenya with his father but was prevented from flying back to Hawaii because of the late stage of her pregnancy, "apparently a normal restriction to avoid births during a flight." As Sen. Obama's own paternal grandmother, half-brother and half-sister have also claimed, Berg maintains that Stanley Ann Dunham--Obama's mother--gave birth to little Barack in Kenya and subsequently flew to Hawaii to register the birth.

Berg cites inconsistent accounts of Sen. Obama's birth, including reports that he was born at two separate hospitals--Kapiolani Hospital and Queens Hospital--in Honolulu, as well a profound lack of birthing records for Stanley Ann Dunham, though simple "registry of birth" records for Barack Obama are available in a Hawaiian public records office.

Should Sen. Obama truly have been born in Kenya, Berg writes, the laws on the books at the time of his birth hold that U.S. citizenship may only pass to a child born overseas to a U.S. citizen parent and non-citizen parent if the former was at least 19 years of age. Sen. Obama's mother was only 18 at the time. Therefore, because U.S. citizenship could not legally be passed on to him, Obama could not be registered as a "natural born" citizen and would therefore be ineligible to seek the presidency pursuant to Article II, Section 1 of the United States Constitution.

Moreover, even if Sen. Obama could have somehow been deemed "natural born," that citizenship was lost in or around 1967 when he and his mother took up residency in Indonesia, where Stanley Ann Dunham married Lolo Soetoro, an Indonesian citizen. Berg also states that he possesses copies of Sen. Obama's registration to Fransiskus Assisi School In Jakarta, Indonesia which clearly show that he was registered under the name "Barry Soetoro" and his citizenship listed as Indonesian.

The Hawaiian birth certificate, Berg says, is a forgery. In the suit, the attorney states that the birth certificate on record is a forgery, has been identified as such by three independent document forensic experts, and actually belonged to Maya Kasandra Soetoro, Sen. Obama's half-sister.

"Voters donated money, goods and services to elect a nominee and were defrauded by Sen. Obama's lies and obfuscations," Berg stated. "If the DNC officers ... 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 as a child and failed to even perform the basic steps of regaining citizenship as prescribed by constitutional laws."

"It is unfair to the country," he continued, "for candidates of either party to become the nominee when there is any question of the ability to serve if elected."


TOPICS: Politics
KEYWORDS: 2008; 2008dncconvention; berg; birthcertificate; certifigate; colbaquiddic; democrats; dnc; electionpresident; hawaii; indonesia; judiciary; kenya; lawsuit; obama; obamatruth; obamatruthfile; phillipberg; puma; soetero
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To: Texas Songwriter; DJ MacWoW

See:

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


101 posted on 08/21/2008 5:49:12 PM PDT by flyfree
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To: expatpat

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

It is obvious that the Obama campaign has been playing games, refusing to release this information until a lawsuit was entered against them.


102 posted on 08/21/2008 5:49:13 PM PDT by WilliamReading
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To: They'reGone2000

He better watch out, Jesse Jackson is gonna gank those nuts!


103 posted on 08/21/2008 5:50:36 PM PDT by ovrtaxt (This election is like running in the Special Olympics. Even if McCain wins, we're still retarded.)
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To: Blogger

Not sure what you mean - I went to http://www.factcheck.org/elections-2008/born_in_the_usa.html

and read what it said.

There’s another post with the complete article ....


104 posted on 08/21/2008 5:50:46 PM PDT by SkyDancer ("What Our Enemies Couldn't Do To Us Our Liberal Democrat Politicians Will")
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To: calex59

Correction post #96, suite should be suit.


105 posted on 08/21/2008 5:51:00 PM PDT by calex59
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To: flyfree
"Who is he defrauding and how? How is it personally hurting the guy who is suing, and for how much?"

The important point is that an uproar over something like this will be enough to cause some of his supporters to have second thoughts and be fearful about what else might pop up about the guy.

106 posted on 08/21/2008 5:51:42 PM PDT by Matchett-PI (Driving a Phase-2 Operation Chaos Hybrid that burns both gas AND rubber!)
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To: flyfree

Competence and Judgement comes in question. The whole damn party closed their eyes to make a racial highwater mark. In attempting to do so, they drop a huge brown floater in the punch bowl, and are saying, “Drink Up”.


107 posted on 08/21/2008 5:51:44 PM PDT by Texas Songwriter
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To: Blogger

OK - can see that he should based on his association with Rev. Wright but it seems that he is eligible for the presidency per his citizenship ... but not his experience or knowledge. I wish that were a criteria as well .....


108 posted on 08/21/2008 5:52:56 PM PDT by SkyDancer ("What Our Enemies Couldn't Do To Us Our Liberal Democrat Politicians Will")
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To: LdSentinal

109 posted on 08/21/2008 5:52:58 PM PDT by Lancey Howard
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To: IYAS9YAS; Porterville
This has moved beyond the mere geographical area of where Obama was born. The recent AP report (which was affirmed to be accurate) of the photographic copy of Barry Soetoro's school record stating INDONESIAN citizenship for little Barry is what is now key.

In order for Obami to have become an INDONESIAN citizen he was either 1) born there or 2) became naturalized.

IF he became naturalized, which is the likely scenario, any previous citizenship would have been renounced since Indonesia does not recognize dual citizenship.

As such Section 349 of the Immigration and Nationality Act goes to the heart of this matter. It states "that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

If Obama lost his U.S. citizenship by virtue of his birth upon being adopted by Soetoro in 1967, then all previous records pertaining to Obama being a 'natural born' citizen are now null and void. His U.S. citizenship would have been revoked and would have to be re-instated.

If re-instated he becomes 'naturalized' rather than natural-born since he revoked the natural-born status when he became a citizen of Indonesia. And that's the best scenario!

That record showing Barry as a citizen of Indonesia is a bombshell few people recognize. Kudos to the Lawyer for jumping on this one even if he is a rat. Although I wish he would have waited until AFTER the convention..........

110 posted on 08/21/2008 5:53:04 PM PDT by conservativegramma
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To: Matchett-PI
Which, IMHO, is why this guy filed suit now. It is the old game of: fear, uncertainty and doubt.
111 posted on 08/21/2008 5:55:23 PM PDT by flyfree
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To: flyfree

I’ll feel better about his birth certificate, which is in question, if it was examined by independent document examiners, sworn to under oath, and is adjudicated authentic. Annenberg fact check is a liberal sycophant group of Obama.


112 posted on 08/21/2008 5:58:46 PM PDT by Texas Songwriter
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To: conservativegramma
As such Section 349 of the Immigration and Nationality Act goes to the heart of this matter. It states "that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

If Obama lost his U.S. citizenship by virtue of his birth upon being adopted by Soetoro in 1967, then all previous records pertaining to Obama being a 'natural born' citizen are now null and void. His U.S. citizenship would have been revoked and would have to be re-instated.

If re-instated he becomes 'naturalized' rather than natural-born since he revoked the natural-born status when he became a citizen of Indonesia. And that's the best scenario!

Thanks for the references!

113 posted on 08/21/2008 6:01:36 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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To: flyfree

And? He was adopted by Lolo Soetoro. That made him an Indonesian. There’s a LOT more going on here. Oh and, I don’t want him disqualified because McCain can beat him.


114 posted on 08/21/2008 6:01:46 PM PDT by DJ MacWoW ("Make yourself sheep, and the wolves will eat you" Benjamin Franklin)
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To: Let's Roll
YOU GOT THAT RIGHT! GET YOUR POPCORN, KIDDIES! The Show is about to begin!

;-/

115 posted on 08/21/2008 6:02:16 PM PDT by Gargantua (...forget the sunscreen, bring your barbecue sauce... ;-/)
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To: Matchett-PI; flyfree
flyfreesaid:"Who is he defrauding and how? How is it personally hurting the guy who is suing, and for how much?"

Matchett said:The important point is that an uproar over something like this will be enough to cause some of his supporters to have second thoughts and be fearful about what else might pop up about the guy.

He is defrauding the US voters by pretending to be a US citizen or lying about his legal name and lying about his indonesian citizenship. He is hurting the US voters by presenting himself as a candidate for office when in fact he isn't. This not only hurts the Voters it hurts the country as a whole because the rule of law, our constitution, has been sh** on. The US citizenship is still in doubt, but it is a proven fact he is a Citizen of Indonesian, or was at one time, and failed to inform the election committee of it, which makes him ineligible all by itself. If he is a US citizen and hasn't renounced his Indonesian citizenship then he is also not eligible.

Every state has a process in which any one can file against a candidate and get them removed from the ballot on grounds of eligibility, he doesn't need to prove fraud only that the candidate is not eligible, and he can do that, the proof is there. The MSM doesn't want to talk about it but they should have known the Clintons wouldn't let this just lie there unanswered.

116 posted on 08/21/2008 6:02:17 PM PDT by calex59
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To: SkyDancer; WilliamReading

Doesn’t matter what fact check says. The AP confirmed that Obama had Indonesian citizenship on a school record. They posted the photographic image of it. See my post above. For Obama to have Indonesian citizenship he would have had to REVOKE his U.S. citizenship and that ‘hawaii birth certificate’ became VOID.


117 posted on 08/21/2008 6:02:42 PM PDT by conservativegramma
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To: ovrtaxt

Ouch!


118 posted on 08/21/2008 6:03:43 PM PDT by They'reGone2000 (Lose the Zero. Get with the Hero. McCain.)
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To: conservativegramma
U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship.

But would he have been at a legal age to volunteer?

If, in fact, he traveled to Pakistan under an Indonesian passport, that might qualify as volunteering to be an Indonesian citizen, but again, how old was he at the time? 17? 18? Old enough to perform that particular act voluntarily under the law?

119 posted on 08/21/2008 6:04:54 PM PDT by Veto! (Opinions freely dispensed as advice)
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To: musicman

Good catch. Of course that’s what Bill means. They are on the cusp of highjacking the DNC’s nomination, the convention and also the White House. Many of us never doubted the HillBilly’s had no class and that they would send out their minions to do their dirty work.


120 posted on 08/21/2008 6:05:56 PM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
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To: musicman

Good catch. This will be delightful.


121 posted on 08/21/2008 6:06:12 PM PDT by freeplancer
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To: ovrtaxt

Can I have some of that popcorn?!


122 posted on 08/21/2008 6:07:40 PM PDT by EdnaMode
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To: John Valentine
"We don’t have a truly NATIONAL election in the United States."

Isn't it a National Election because everyone in the country goes to the polls to elect the President on the same day?

123 posted on 08/21/2008 6:08:14 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: mass55th

BTTT


124 posted on 08/21/2008 6:10:22 PM PDT by golfisnr1 (Democrats are like roaches - hard to get rid of.)
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To: LdSentinal
Is this the same attorney named Phillip Berg who is (according to Obama's campaign website) an Obama supporter?

"Why I support Barack Obama: I have known Barack for nearly 20 years, since we attended Harvard Law School class of 1991. Although he gained his strongest asset (Michelle) after we graduated, he has always been a thoughtful, determined, intelligent leader."

If so, then this is just a ruse by the Obama campaign to put up a strawman and then knock him down.

125 posted on 08/21/2008 6:10:57 PM PDT by Bubba_Leroy (DNC = Do Nothing Congress)
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To: flyfree
"Who is he defrauding and how? "

Isn't accepting funds under false pretenses committing fraud?

126 posted on 08/21/2008 6:11:29 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: LdSentinal

Put it on the docket for some time in December...maybe.


127 posted on 08/21/2008 6:12:02 PM PDT by airborne (If ignorance is bliss, why are liberals such miserable jerks?)
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To: SkyDancer

Factcheck is an Obama controlled site via its ownership by the Annenberg Foundation. The Foundation also is the sponsor of the $500 million Annenberg Challenge initially chaired by Obama and adminstered with the help of one William Ayers. Documents of that “Challenge” have been kept sequestered by the University of Illinois as they may lead to illegal contributions to Acorn, leftists found fixing election results in 13 or 14 states since the 2000 election. (whew!)

Go to www.texasdarlin.wordpress.com. for an in depth report. Poor Walter Annenberg, a member or Reagan’s kitchen cabinet, and like many conservatives leaving fat foundations, -see Ford, Rockefeller, Pew, MacArthur - taken over by the left of left leaving their benefactors spinning in their graves.


128 posted on 08/21/2008 6:14:11 PM PDT by masadaman
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To: LdSentinal
Photobucket

"Dictatorial, unscrupulous, calculating, and crafty... Moreover, being intensely superstitious, she surrounded herself with astrologers... Indeed her methods were so essentially egotistical as to border on cynicism... In a word she was a woman of the Renaissance, a disciple of Machiavelli..."

-- Catherine de Medici, From the Catholic Encyclopedia

129 posted on 08/21/2008 6:15:08 PM PDT by yefragetuwrabrumuy
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To: Bubba_Leroy

Philip J. Berg tried to have Obama removed from the Democratic primaries due to his association with Rev. Wright in March 2008.

Philip C. Berg went to Harvard Law with Obama.


130 posted on 08/21/2008 6:15:59 PM PDT by Andy from Chapel Hill
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To: cardinal4

He won’t produce a certified birth certificate. He won’t release his medical records. There’s gray areas of his life prior to becoming a community organizer. We can’t see the papers for the Ayers committee he sat on. Such simple things to explain or disclose, and yet it’s all so top-secret. Got to be a reason why. The longer he procrastinates, the more it looks like he’s hiding something.


131 posted on 08/21/2008 6:17:25 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: LdSentinal

I think people are missing the more important factors surrounding this controversy. The point is the lawsuit and related documents will create additional doubt in the mind of undecided voters about who Obama is. The stuff about divided loyalties will be the killer to some people. With Obama’s support already fading this could be the death blow.

That this is being alleged by a Hillary supporter is great. The McCain campaign should stay far away from this issue unless and until the court rules.

But the whispers and e-mails about this may snowball doubt and cause more voters to go to the safety of McCain.


132 posted on 08/21/2008 6:17:36 PM PDT by Truth is a Weapon (Truth, it hurts soooo good!)
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To: EdnaMode
Can I have some of that popcorn?!


133 posted on 08/21/2008 6:19:16 PM PDT by ovrtaxt (This election is like running in the Special Olympics. Even if McCain wins, we're still retarded.)
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To: yefragetuwrabrumuy

Perfect comparison, another one would be: Livia, the Grandmother in I Claudius, just as cunning and ruthless as Catherine de Medici./Just Asking - seoul62........


134 posted on 08/21/2008 6:20:04 PM PDT by seoul62
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To: Dutch Boy
"If this is coming from a Hillary supporter I am not sure that the legal grounds for the case is as important as spreading doubt and concern about Obama. "

Any good lawyer knows that all you have to do is plant a seed of doubt in the jury's mind, and hopefully this will do that.

135 posted on 08/21/2008 6:20:13 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: conservativegramma
Doesn’t matter what fact check says. The AP confirmed that Obama had Indonesian citizenship on a school record. They posted the photographic image of it.



This registration document, made available on Jan. 24, 2007, by the Fransiskus Assisi school in Jakarta, Indonesia, shows the registration of Barack Obama under the name Barry Soetoro into the Catholic school made by his step-father, Lolo Soetoro. The document lists Barry Soetoro as a Indonesian citizen, born on August 4, 1961 in Honolulu, and shows his Muslim step-father listed the boy's religion as Islam. (AP Photo/Tatan Syuflana)
136 posted on 08/21/2008 6:20:26 PM PDT by Miss Didi ("Good heavens, woman, this is a war not a garden party!" Dr. Meade, Gone with the Wind)
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To: LdSentinal

I just went to www.pacer.gov and could not find the lawsuit as described. Maybe it will appear tomorrow. Should be good reading.


137 posted on 08/21/2008 6:24:59 PM PDT by Andy from Chapel Hill
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To: flyfree

“Which, IMHO, is why this guy filed suit now. It is the old game of: fear, uncertainty and doubt.” ~ flyfree

It’s an effective tactic or they wouldn’t use it. Everything they get on top of that (winning a law suit) is merely gravy.

The same game is played by the “Liars for Science” in the Global Warming Hoax:

http://www.freerepublic.com/focus/news/2047988/posts?page=9#9

http://www.freerepublic.com/focus/news/2047988/posts?page=8#8


138 posted on 08/21/2008 6:26:19 PM PDT by Matchett-PI (Driving a Phase-2 Operation Chaos Hybrid that burns both gas AND rubber!)
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To: Truth is a Weapon

You are absolutely correct. This is on page one of the “Divide and Conquer” textbook.


139 posted on 08/21/2008 6:27:06 PM PDT by xc1427 (It's better to die on your feet than to live on your knees...Midnight Oil (Power and the Passion))
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To: flyfree
"How is it personally hurting the guy who is suing, and for how much"?

He, like all citizens, are entitled to a legal presidency.

140 posted on 08/21/2008 6:27:13 PM PDT by Mariner
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To: masadaman

Just went (tried) to get back to Factcheck.org and it seems their server is down .... hmmmmmmm didn’t know it was an Obama backed site ....

Explains a lot.


141 posted on 08/21/2008 6:27:38 PM PDT by SkyDancer ("What Our Enemies Couldn't Do To Us Our Liberal Democrat Politicians Will")
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To: LdSentinal

Just tried to get to Factcheck.org and it seems their site is down ... hmmmmm ....


142 posted on 08/21/2008 6:28:24 PM PDT by SkyDancer ("What Our Enemies Couldn't Do To Us Our Liberal Democrat Politicians Will")
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To: Andy from Chapel Hill

Here’s hoping we hear more about this tomorrow! If anything comes of this it will be blamed on Hillary since Berg is referred to as a Hillary supporter.


143 posted on 08/21/2008 6:28:31 PM PDT by seekthetruth
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To: STARWISE; SE Mom; retrokitten

Over here, ladies...


144 posted on 08/21/2008 6:30:48 PM PDT by Miss Didi ("Good heavens, woman, this is a war not a garden party!" Dr. Meade, Gone with the Wind)
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To: noname07718
It’s getting to the point that a whole year’s crop would not be enough.

Looks like the lawsuit may have legs.

Someone asked "How has he--Berg--been harmed?"

Seems like he's suing to prevent harm to his Democrat Party--like a person whose child is going in for surgery, but the surgeon doesn't have the qualifications of a Medical Degree--and the Hospital Administration doesn't seem to give one damn about that fact.

Berg is trying to stop an operation--the nomination of Obama--before his baby, the Democrat Party, is seriously harmed.


145 posted on 08/21/2008 6:32:48 PM PDT by henbane
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To: Veto!
I don't know. I only know its clear he once held INDONESIAN citizenship, AFTER his supposed U.S. birth and upon adoption. This at the very least should be looked into by Congress and the Supreme Court and it does bring up divided loyalties.

For me personally I think we as a country should get back to the original definition of 'natural born' as explained by the guys who actually wrote the constitution. In the Naturalization Act of 1790 natural born was clarified as: "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens". You can't get any clearer than that! The men who wrote our constitution also wrote this act and they made it crystal clear what they meant by natural born!!

Note that in this Act it specifically stated citizens. Plural - both parents. It goes on to as well specifically describe that natural born was not based on where a person was born, but to whom. You could be born 'beyond the sea' or 'out of the limits' of the U.S. so long as you were the child of 'citizenS'.

I realize this definition was later revoked etc. etc. 14th amendment and all that - but sheez - we wouldn't have all these problems with anchor babies and everything else if we would just return to what the founders intended!

In the meantime I personally, even IF the candidate would be conservative; would NEVER EVER vote for anyone who had a parent who was NOT a U.S. citizen......

146 posted on 08/21/2008 6:33:58 PM PDT by conservativegramma
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To: SkyDancer
I went to Fact check too. They show close ups of parts of the document, then show the full document only at an angle. The new version shows creases where there were none, a raised seal where there was none, and no small ink anomaly dot just below the E and R of the word certificate at the top of the page - like this one
147 posted on 08/21/2008 6:35:56 PM PDT by Blogger
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To: LdSentinal; trooprally; kristinn; Doctor Raoul; BufordP
PING
Found it, shoulda looked here to start with.

BUMP

148 posted on 08/21/2008 6:36:37 PM PDT by concretebob (Don't assume I'm on your side.)
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To: Miss Didi

Thanks for the link to the image!


149 posted on 08/21/2008 6:38:03 PM PDT by conservativegramma
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To: Bubba_Leroy

The Philip (one L) C. Berg on Obama’s page is a lawyer in New York City. There’s a Phillip J. Berg who is a practicing attorney is Pa. This one was former Deputy Attorney General of Pennsylvania and political activist. I believe they are two different people.


150 posted on 08/21/2008 6:38:06 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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