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DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATICNATIONAL COMMITTEE’S MOTION
Phil Berg's Obama Crimes web site. ^ | September 29, 2008 | Self

Posted on 09/29/2008 7:47:58 PM PDT by ncfool

Philip J. Berg filed a response this afternoon to the motion for dismissal filed last week in Berg vs. Obama by Senator Obama and the Democratic National Committee. The response "PLAINTIFF’S OPPOSITION AND BRIEF IN SUPPORT THEREOF TO DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S, MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)" asserts that, the defendants' argument to the contrary, Mr. Berg has standing to pursue the case.

Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.

The conclusion of Mr. Berg's brief reads:

Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama’s eligibility through Subpoenas to the Government entities and the Hospital’s in Hawaii. To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena. For the above aforementioned reasons, Plaintiff respectfully request Defendants Barack Hussein Obama and the Democratic National Committee’s Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery, including but not limited to: 1) a certified copy of Obama’s “vault” (original long version) Birth Certificate; and (2) a certified copy of Obama’s Certificate of Citizenship; and (3) a certified copy of the Oath of Allegiance taken by Obama taken at the age of majority. If the Court is inclined to grant Defendants motion, Plaintiff respectfully requests the opportunity to amend his Complaint pursuant to the findings of this Honorable Court. The complete filing is attached. Due to a problem with the Electronic Filing System, the filing was made via fax and will appear in PACER later this evening or on Tuesday.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events
KEYWORDS: barrydunham; barrysoetoro; berg; bergvobama; birthcertificate; certifigate; citizen; citizenship; clinton; colb; colbaquiddic; democrat; dnc; dunham; hawaii; hillary; indonesia; kenya; lawsuit; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; obamatruthfiles; passport; philberg; philipberg; puma; pumas; soetoro
Phil Berg filed his response to the Obama's attempt to have his suit dissmissed from federal court.

Below is Berg's filed opposition to defense motion for dismissal of the Lawsuit. You would think that a federal judge will allow this to move to a hearing since Obama has not answered the suit with anything other then a denial.

Below is the link to the filing:

http://www.obamacrimes.com/attachments/024_Berg%20v.%20Obama,%20Berg%20Opposition%20to%20Def.%20Motions%20to%20Dismiss%20complete.pdf

http://www.obamacrimes.com/

1 posted on 09/29/2008 7:47:59 PM PDT by ncfool
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http://www.obamacrimes.com/attachments/024_Berg%20v.%20Obama,%20Berg%20Opposition%20to%20Def.%20Motions%20to%20Dismiss%20complete.pdf


2 posted on 09/29/2008 7:49:00 PM PDT by ncfool ("obsequiousness" Obama "has left no lasting impression on any thing he has done!")
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To: ncfool

Comedy relief!


3 posted on 09/29/2008 7:50:29 PM PDT by aculeus
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To: ncfool

Here is the DNC filed Motion for Dismissal.

Please read and comment!

DEFENDANT DEMOCRATIC NATIONAL COMMITTEE’S
AND DEFENDANT SENATOR BARACK OBAMA’S
MOTION TO DISMISS

http://www.obamacrimes.com/attachments/023_Obama,%20DNC%20Motion%20to%20dismiss.pdf


4 posted on 09/29/2008 7:50:58 PM PDT by ncfool ("obsequiousness" Obama "has left no lasting impression on any thing he has done!")
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Why does the MSM avoid publishing this information. We need to make sure that Blogs find this this material. Please pass it along to all blog sources.


5 posted on 09/29/2008 7:53:55 PM PDT by ncfool ("obsequiousness" Obama "has left no lasting impression on any thing he has done!")
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To: ncfool

Apparently the federal judge is a Clinton appointee..


6 posted on 09/29/2008 7:56:21 PM PDT by Right in Wisconsin (Have a Happy Day)
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To: aculeus

Could be if the judge entertains by letting this case go forward.


7 posted on 09/29/2008 7:59:00 PM PDT by Red Steel
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To: ncfool

Bump bump bump!


8 posted on 09/29/2008 8:00:50 PM PDT by wastedyears (Now sadly living in the DPRNYC [Brooklyn])
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To: ncfool
Why does the MSM avoid publishing this information.

The same way they avoid all the other issues that could hurt Obama. The media has made this guy.

9 posted on 09/29/2008 8:04:46 PM PDT by Red Steel
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To: ncfool

phil berg isn’t a great source, but I definitely would like to see this thing run-through before the election. If obama has nothing to fear...why not just give the papers!?


10 posted on 09/29/2008 8:12:39 PM PDT by Rick_Michael
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To: ncfool

Why doesn’t Obama simply release the requested docs ?
So much simpler, so much cheaper.

BTW who’s allowed to pay his costs, his campaign ? DNC ?


11 posted on 09/29/2008 8:13:51 PM PDT by 1066AD
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To: ncfool

Considering Obama admitted (on FightTheSmears.com) that he had Kenya citizenship...


12 posted on 09/29/2008 8:14:25 PM PDT by PghBaldy (Obama: Terror Groups have "legitimate claims.")
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To: ncfool

Is this a joke?

That can not be his opposition to the motion- that is a proposed order on the motion that he purportedly submitted to be signed.

Where is his opposition?


13 posted on 09/29/2008 8:16:32 PM PDT by Canedawg (If the law supposes that, said Mr. Bumble, the law is a ass, a idiot.)
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To: ncfool

Thanks for posting...would be great to keep this in Breaking News. ;)


14 posted on 09/29/2008 8:17:20 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: ncfool

I have been posting this stuff in my blogs. Many, many page views. This will get published too with the attachment files.

http://albanysinsanity.com
http://www.redcounty.com/erie/

It will be in both in the morning.


15 posted on 09/29/2008 8:20:58 PM PDT by The Mayor ( In Gods works we see His hand; in His Word we hear His heart)
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To: 1066AD
BTW who’s allowed to pay his costs, his campaign ? DNC ?

Somehow, I figure the taxpayer will be involved.

16 posted on 09/29/2008 8:23:23 PM PDT by mlocher (USA is a sovereign state.)
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To: ncfool

Just tell me he didn’t cite Wikipedia again in the response.


17 posted on 09/29/2008 8:26:04 PM PDT by SlapHappyPappy
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Why does this group claim that Obama is born in Kenya? Its very strange that they would make this claim. Are they being disrespectful of The Presidential candidate or our new Messiah?


somebody please tell me what this means: KENYAN BORN!

www.usafricaonline.com/news.html

The group is: USAfricaonline.com, first African-owned U.S.-based professional newspaper to be published on the internet, is listed among the world's hot sites by the international newspaper, USAToday.

USAfrica has been cited by the New York Times as America's largest African-owned multimedia company. 8303 SW Freeway, Suite 100, Houston, Texas 77074. Phone: 713-270-5500. Cell direct: 832-45-CHIDO (24436)




Very interesting. Now when will the Obama Prove or disprove this claim .........

KENYAN BORN! www.usafricaonline.com/news.html

http://thatsmeontheleft.blogspot.com/2008/06/what-is-sen-obama-hiding.html

18 posted on 09/29/2008 8:30:18 PM PDT by ncfool ("obsequiousness" Obama "has left no lasting impression on any thing he has done!")
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To: ncfool; Polarik; SE Mom; pissant; LucyT; Calpernia

To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena.
***He’s playing softball here. Usually such a motion is filed with a request for a contempt charge when the subpoenas are not honored.

pinging the usual crowd


19 posted on 09/29/2008 8:32:29 PM PDT by Kevmo (McCain's learning from Palin how to win a national election. Palin's learning from him how to lose 1)
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Here a a direct link to the photo!
http://www.usafricaonline.com/barackbama08usafrica.gif


20 posted on 09/29/2008 8:32:54 PM PDT by ncfool ("obsequiousness" Obama "has left no lasting impression on any thing he has done!")
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To: ncfool

Um, answering with a denial is SOP at this stage. Berg is responding properly.


21 posted on 09/29/2008 8:38:54 PM PDT by piytar
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To: ncfool

I wonder why Obama can’t just provide the papers. If he’s a citizen, what’s the problem?


22 posted on 09/29/2008 8:43:53 PM PDT by Pinkbell (”This guy is a jerk, an arrogant jerk. A Jerk Messiah.” - Rush talking about Obama)
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To: ncfool

A birth certificate would have been cheaper and easier than the motion for dismissal.


23 posted on 09/29/2008 8:59:04 PM PDT by greatvikingone
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To: Kevmo; Calpernia; Fred Nerks; null and void; pissant; george76; Polarik; PhilDragoo; FARS; ...

Thanks, Kevmo.

Ping.

http://www.freerepublic.com/focus/f-news/2093635/posts

Check out #15 and #18, too.


24 posted on 09/29/2008 8:59:23 PM PDT by LucyT
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To: LucyT; Calpernia; Velveeta; milford421; DAVEY CROCKETT

Thanks for the ping.......


25 posted on 09/29/2008 9:11:39 PM PDT by nw_arizona_granny ( http://www.freerepublic.com/focus/chat/1990507/posts?page=451 SURVIVAL, RECIPES, GARDENS, & INFO)
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To: 1066AD
Why doesn’t Obama simply release the requested docs ? So much simpler, so much cheaper.

I'm sure he would, if such documents actually existed.

Therein lies the problem..

26 posted on 09/29/2008 9:14:13 PM PDT by Wil H (No Accomplishments, No Experience, No Resume, No Records, No References, Nobama..)
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To: greatvikingone
A birth certificate would have been cheaper and easier than the motion for dismissal.

A native born U.S. citizen would have requested a copy of the live birth certificate from the county registrar and paid a small fee for a certified copy. I suspect less than 10 minutes effort and less than $10. The lawsuit would be history in minutes. It's not. Obama sent his high powered lawyers. Something stinks.

27 posted on 09/29/2008 9:30:10 PM PDT by Myrddin
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To: ncfool; All

anything you want on AntiMullah.com - such as this, Email Alan at info@antimullah.com


28 posted on 09/29/2008 10:05:30 PM PDT by FARS
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To: ncfool

“Why does the MSM avoid publishing this information. We need to make sure that Blogs find this this material. Please pass it along to all blog sources.”

The answer is really simple.

If we try to bring this issue up to liberals, independents and the jacka$$es in our party, their answer is simple,”If there was any truth to this, we would reading about it everyday and seeing on tv daily.~”

I had this bs handed back to me last week by all of the above in discussions.


29 posted on 09/29/2008 10:26:59 PM PDT by Grampa Dave ( I do not want to know the type of person, who does not like Sarah !)
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To: ncfool

obumpa


30 posted on 09/29/2008 10:29:14 PM PDT by Dajjal (Visit Ann Coulter's getdrunkandvote4mccain.com)
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To: ncfool
On my birth certificate from Florida, there are notations for previous live and still births.

This information could be considered sensitive and something that one might want to keep private.

Whatever may be on Obama's COLB, it is hard for me to have any sympathy for someone who colluded with the press to have has opponent's sealed divorce records made public, as Obama did in his US Senate race.

The more I see of Obama, the more I think he's an arrogant snob, who gives himself props for "slumming it" as a community organizer and who thinks he is above the rules set up for us commoners.

31 posted on 09/29/2008 10:42:35 PM PDT by happygrl
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To: greatvikingone

But it wouldn’t have settled anything, as there are many more eligibility issues than just the location of Hussein’s birth. Even if it’s proven he was born in Hawaii, there are several other disqualifying elements in Berg’s complaint—including Hussein’s dual/exclusive later citizenship in Indonesia, felonius perjury on his application to the Illinois bar, and so on.


32 posted on 09/29/2008 11:36:01 PM PDT by VigilantAmerican (We will not waver, we will not tire; we will not falter, we will not fail)
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To: 21stCenturyFreeThinker

Ping! Open the link and enjoy...has he made his case for “standing”?


33 posted on 09/30/2008 6:24:32 AM PDT by VigilantAmerican (We will not waver, we will not tire; we will not falter, we will not fail)
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To: ncfool
Why does the MSM avoid publishing this information.

Because jumping on conspiracies started by 9-11 truthers is not typically a good business move?

34 posted on 09/30/2008 6:33:32 AM PDT by jmc813
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To: Canedawg; SlapHappyPappy; VigilantAmerican; Myrddin
Canedawg said “That can not be his opposition to the motion- that is a proposed order on the motion that he purportedly submitted to be signed. Where is his opposition?”

The proposed order is page 1 of the doc; the rest is his opposition brief.

SlapHappyPappy said “Just tell me he didn’t cite Wikipedia again in the response.”

Uh .. well. Yes, he did. The funny thing is that both pages have changed now

VigilantAmerican said “But it wouldn’t have settled anything ...”

I agree. Berg’s complaint has so many theories in it that even if Obama did attach a verifiable, certified COLB, they would still say that he’s not eligible, and probably add a few more theories.

With respect to “felonius perjury on his application to the Illinois bar” – that claim has been debunked by America’s Right at http://www.americasright.com/2008/08/berg-v-obama-update-wednesday-august-27.html.

Myrddin said: “The lawsuit would be history in minutes. It's not. Obama sent his high powered lawyers. Something stinks.”

That just doesn’t wash because McCain has done the same thing – twice. In Hollander v. McCain (brought by a voter) and in Robinson v. Secy of State et al (including McCain) (brought by a third party on behalf of its candidate, Alan Keyes). In both cases, McCain filed a similar motion to dismiss on grounds of lack of standing. In both cases, the court agreed and dismissed the case.

--------------

One interesting thing I noted about Berg’s response is that his grounds for “standing” all refer to standing to sue federal agencies (or – don’t refer to standing at all).

He cites (a) 5 USC § 702, (b) FEC v. Akins, 524 U.S. 11 (1998), (c) 5 U.S.C. §552(B), and (d) 28 U.S.C. §1343. All of this law relates to standing to sue a federal agency. And – here, the FEC hasn’t even answered yet (or filed a motion to dismiss). Under the provisions, I'm not sure Berg has yet met the standards even to have standing to sue the FEC, but it is -- "odd" -- that he cites all this law to argue that he has standing to sue the DNC and Obama under, e.g., the Freedom of Information Act or the Federal Administrative Procedures Act.

He also cites 8 U.S.C. §1481(b), which does not relate to a federal agency, but also does not provide standing to sue. It’s a provision about who bears the burden of proof in an action regarding loss of citizenship.

He also cites, generally, “federal question jurisdiction.” I think this may be his most viable claim. Although I don’t think he states it very artfully, it seems that he is arguing for an expansion of the law given that, he argues, no statute expressly grants standing to sue a candidate – but should: “Moreover, there are absolutely no statutes or laws which dictates how a person, such as Plaintiff, are to demand proof of our Presidential candidates eligibility in order for Plaintiff to be able to form a proper decision on who to cast his vote for. Each entity contacted, whether Governmental or State has refused such duties, including the DNC and FEC.”

I think that this last argument is his best hope – if the judge doesn’t get really aggravated at all the totally inapplicable “chaff” he’s thrown up before he gets to this argument in his brief.

(Of course, he still has to get past the two McCain cases, Hollander and Robinson - and I don't think he effectively did that in his response.)
35 posted on 09/30/2008 6:48:45 AM PDT by Sibre Fan
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Why hasn’t NObama cleared this up yet? He needs to suspend his campaign until this is finally all cleared-up. If he wasn’t born here, he’ll need to leave the Senate and of course the Presidential Race. What is going on here?????


36 posted on 09/30/2008 7:37:14 AM PDT by NoRedTape
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To: Sibre Fan

Thanks for what appears to be an excellent reply.

I’m exhausted after working all night, and I’m headed to bed now, but will scrutinize your statements later on...especially I support one of your last points—how the hell is anyone who is not a competing or defeated candidate supposed to challenge a candidate’s eligibility (be afforded standing) when the agencies normally responsible for certifying eligibility are derelict at the switch, and reluctant or refusing to even get involved?

McCain v. Hollander seemed to me to be saying, “leave us judiciary out of these questions, we want you voters to just deal with it all at the ballot box, because it’s not our bailiwick really anyway, and even if someone is ineligible you voters can just write-in someone who is eligible, etc...it’s all maddening...zzzzzzzzz


37 posted on 09/30/2008 7:41:08 AM PDT by VigilantAmerican (We will not waver, we will not tire; we will not falter, we will not fail)
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To: aculeus

Could this Federal judge supeona the State of Hawaii for his birth records if a decision is made to move forward with the case?


38 posted on 09/30/2008 10:27:52 AM PDT by motoman
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To: motoman

Short answer is that yes, a subpoena could be issued. In fact, Berg attaches a subpoena issued to the State Dept. and to the Kapi’olani Hospital. Both, however, were rejected by the entities. (You can see these at the end of the document as Exs. 6 and 7.)

The Kapi’olani Hospital rejected it, citing (among other things), HIPAA privacy requirements.

The Dept of State rejected it because (among other things), (a) Berg failed to follow the statutory procedures required to obtain the information; and (b) Privacy Act (5 U.S.C. § 552a) prevents disclosure.


Now, one might think that there are exceptions in both rules that could apply - i.e., that a court could order disclosure, say, under seal. On the other hand, there may not be such exceptions applicable here. Have to ask a litigator about that, as I just don’t know. (I’m not a litigator, but I watch them on TV and in movies ::grinning::).

I think that it may be that Berg first — well, first, he has to demonstrate that he has standing and that he has filed a claim upon which relief can be granted. That is the purpose of his opposition papers as I read them.

I he can get past that, he has to produce evidence (which he has not yet done, in the legal sense), to raise the factual issue regarding Obama’s citizenship. Then, Obama will have to present evidence to refut (or rebut?) that evidence. At this time, Obama likely will ask Hawaii for the documents and/or testimony to prove that he was born there (or will need to explain their absence through evidence).

Least that’s how I understand the process from reading a bunch of legal blogs, etc etc.


39 posted on 09/30/2008 1:18:54 PM PDT by Sibre Fan
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To: LucyT; AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ..
Philip J. Berg filed a response this afternoon to the motion for dismissal filed last week in Berg vs. Obama by Senator Obama and the Democratic National Committee. The response... asserts that, the defendants' argument to the contrary, Mr. Berg has standing to pursue the case. Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.
Thanks LucyT. We may be witnessing a cracking of the Demonic party analogous to the one in the 19th century which produced the party by that name we know today. I don't think it will be fully analogous, because Andrew Jackson won his election to the Presidency, and I don't think the Obamanation is going to.
40 posted on 09/30/2008 3:15:08 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: Right in Wisconsin
"Apparently the federal judge is a Clinton appointee......"

Cool, so is Berg!

41 posted on 09/30/2008 3:21:14 PM PDT by cookcounty (I sent my money for a Pit Bull in Lipstick , and I want immediate delivery!!!)
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To: happygrl
"This information could be considered sensitive and something that one might want to keep private.

That's the only "3rd explanation." Maybe he isn't actually the son of Barack Obama sr. or something like that which would make his biography kind of stupid.

42 posted on 09/30/2008 3:32:01 PM PDT by cookcounty (I sent my money for a Pit Bull in Lipstick , and I want immediate delivery!!!)
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To: Sibre Fan

Well, I went to the link and while I can see how you’d certainly think the Illinois bar application perjury charge is somewhat shaky, I wouldn’t completely conclude that it’s been debunked.


43 posted on 10/01/2008 1:12:38 AM PDT by VigilantAmerican (We will not waver, we will not tire; we will not falter, we will not fail)
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To: VigilantAmerican
----------VigilantAmerican said Well, I went to the link and while I can see how you’d certainly think the Illinois bar application perjury charge is somewhat shaky, I wouldn’t completely conclude that it’s been debunked. ----------

I’m curious. What part isn’t debunked? Berg alleges “On the Illinois State Bar Registration and Public Disciplinary Record it specifically asks for “Full former name(s). Obama put “None,” when in fact he went by the name Barry Soetoro, and Barry Obama. It is further believed Obama has used the name Barry Dunham. Obama lied on the State government form that he signed under the penalty of perjury.”

As Jeff points out at www.AmericasRight.com: “According to the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, the "full former name(s)" field is reserved for names which have previously appeared on the Illinois Master Roll of Attorneys and is NOT meant to include any names adoption prior to obtaining a license to practice law in Illinois. [citing IARDC.org] “A telephone call to the ARDC's offices confirmed that particular interpretation of the information on the commission's Web site.”

In other words, the Record doesn’t ask for names one might have previously held prior to seeking the Illinois Bar license.

Does this prove that Obama never lied on his bar application? No. But the only “evidence” that Berg cites to support his claim is no evidence at all. Which means that Berg has made an allegation that has no basis in any fact.

-------------
Yesterday, I just received an e-mail from a friend with the following links and a note saying something like “see any parallels?” This is, apparently, not the first time Berg has done this - that is, filed complaints without sufficient basis in fact (or, for that matter, standing).

Link 1; Link 2 (PDF); Link 3 (PDF)

All I can say is, well, WOW!
And, let's not forget Berg's RICO case against the Bush Administration for “causing” 9/11 or his case against the Supreme Court for its decision in Gore v. Bush.

If it weren't for this type of "precedent," I might be inclined to believe that Berg actually had something that maybe he just hasn't yet disclosed to the public yet. But -- history suggests otherwise. Yes, even a broken clock is right two times a day ... unless the screw holding the hands fell off. I see a few loose screws here.
44 posted on 10/01/2008 8:16:58 AM PDT by Sibre Fan
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To: Sibre Fan

I’ve said all along that Berg is a whackjob with a rep for chasing windmills, and normally would be considered our enemy, but in this case the enemy of our enemy is our friend of course.

The reply from the Attorney Paperwork and Red-tape Commission of the High Poo-Bah and whatever was tentative, not conculsive. The person answering said they were unsure of exactly what the blank for “names previously used” is for, but that they were inclined to think it’s for names used as a slimy lawyer.


45 posted on 10/01/2008 1:46:23 PM PDT by VigilantAmerican (We will not waver, we will not tire; we will not falter, we will not fail)
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To: Kevmo
***He’s playing softball here. Usually such a motion is filed with a request for a contempt charge when the subpoenas are not honored.

Have you read Berg's request for Denial of DNC's motion to dismiss, along with his recently updated complaint and restatement of his Discovery request?

Phil cannot ask for contempt charges from the Judge until after the Judge rules on Berg's Request to reject their Motion to Dismiss.

After the Judge denies their Motion to Dismiss, THEN, they will automatically be liable for contempt if they fail to comply the Judge's order.

46 posted on 10/01/2008 10:33:27 PM PDT by Polarik ("The Greater Evil")
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