Posted on 10/07/2008 3:09:15 AM PDT by Hang'emAll
Phil J. Berg filed an amended complaint today in Berg v. Obama. The amended complaint adds the Pennsylvania Department of State, the Secretary of the Commonwealth Pedro A. Cortes (in his official capacity), the U. S. Sentate Committee on Rules and Administration, and Senator Diane Feinstein (in her official capacity as chairman) for their failure to exercise due diligence with respect to Barack Obama's contitutional qualifications to be elected and serve as President of The United States, and for his inclusion on the ballot in Pennsylvania as a candidate for President of the United States.
The amended complaint also bolsters the standing argument and adds additional relevent facts.
Essentially, the argument is this:
* Senator Obama could put this whole issue to rest by providing an official "vault copy" birth certificate. * Senator Obama has chosen not to do so. * The defendants (other than Obama) have a responsibility to protect the integrity of the electoral system by properly vetting the qualifications of candidates, which they have failed to perform. * Mr. Berg, other Americans, and our system of government are damaged by this failure. * Senator Obama, who has collected $425,000,000 in campaign contributions, has perpetrated a fraud.
Following are some of the factual statements made in the amended complaint (The complete complaint is attached below):
36. Obama is a representative of the Democratic People. However, Obama must meet the Qualifications specified for the United States Office of the President, which he must be a “natural born” citizen. Additionally, Obama must be at least a “naturalized” citizen to hold his Office of U.S. Senator for Illinois. Unfortunately, Obama is not a “natural born” citizen, nor is he a “naturalized” citizen. Just to name one of the problems, Obama lost U.S. citizenship when .. mother married Indonesian citizen..
(Excerpt) Read more at obamacrimes.com ...
A fake COLB is *something*. duh
If. I've heard people claim he had an Indonesian passport but nobody has shown any supporting evidence. I've never heard anyone claim he had a Kenyan passport.
Obama's dual citizenship was a circumstance of his birth. His father qualified as a Kenyan citizen when that country achieved independence, and his son qualified as well. Howeever, Kenya doesn't allow dual citizenship and when he reached his majority Obama would have had to give up his U.S. citizenship to keep in Kenyan status. He did not, so his Kenyan citizenship was revoked.
There appears to be evidence of traveling on an Indonesian passport, possibly to Pakistan after the age of majority, or even more likely, under Lolo's guardianship during his Indonesian years.
Then where is this evidence? Obama was back living in Hawaii when he was 10. Soetoro and hs mother separated by the time he was 11. When did these trips take place?
Well yeah, it does. Article IV, Section 2: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." What you're claiming is that people born in the state of Hawaii had to meet qualifications for citizenship that citizens of no other state had to. Completely unconstitutional.
Again, it is the fact that Hawaii had only been a state for 2 years, and had different laws vs. the rest of the US in 1961 that makes this an issue.
It is your misreading of the facts of the matter that make it an issue. Federal law applies to citizenship, not state law. And the Constitution states that any person born in the U.S. is a citizen of the U.S. AND of the state he is residing in. Period.
Are you claiming that Obama has no requirement to produce a valid birth certificate to run for president, even after posting an image of a document with credibly raised doubts concerning its authenticity?
Is *that* your considered opinion?
Other way around. Innocent until proven guilty, remember? The burden of proof in any case lies with the plaintiff. If Berg has evidence he needs to provide it. If the case goes to trial then Obama could easily refute any charge by producing his birth certificate. But until then he's not obligated to produce anything without a court order.
What does PA have to do with it ?
That I don’t understand .
Its constitutional that he must be a natural born citizen and the us constitution has a rather detailed description of what that means.
Barry does not qualify.
Google up the constitution and read the definition of natural born as the founders wrote it.
Thats the point.
OK, now we are completely back to where we started, are we not? I honestly don’t feel like going round and round on this particular point. I do NOT believe I have mis-understood the laws on the books in 1961 - even though I DO understand where you are coming from as it regards the 14th Amendment. I have probably not explained my position clearly as I’ve been going from topic to topic in this thread alone...
I will research this again on my own, and I will definitely keep in mind your position on this as I do. I will readily admit that I am relying on memory from discussions on this topic that took place months ago here at FR, and again I don’t think I’m explaining myself very clearly, but there is a chance I am remembering some specific points wrong as well (in regards to it applying specifically to Hawaiian births). If I do run across information that solidly affirms either of our positions, I will post the relevant links.
I do appreciate you taking the time to discuss this with me, though... [It’s so refreshing to actually have a good conversation, and explore issues with someone who doesn’t agree with me without being called names unlike when trying to “debate” a liberal! LOL]
Your felt unease, shared by many, is the instinctive/intuitive force that enabled our ancestors to survive and that made our lives possible.
This isn't a crime suit. He's being challenged to prove that he's eligible to run for President. Berg, in his suit, gave reasons why Obama is not eligible. Obama has to now prove that he is.
What does PA have to do with it ?..
I am guessing that maybe PA has a law requiring a birth certificate to be on the ballot and maybe did not receive one.
All they need is one state going to Hawaii requesting one and Hawaii would probably comply.
Or, more to the point, the number would duplicate the number of some other person, which would immediately expose the Obama certificate as a fraud.
It is interesting that the way Obama puts out his COLB is to have some unnamed staffer email it to Kos.
I read it here on Free Republic.
This happens to me much too much. Something like that - well, I ought to have made a record of it.
Just so you know, Bill Clinton could not have ever gotten a security clearance, either. He dodged the draft to go to England on a Rhodes Scholarship, then took that little side trip to the USSR!
Ballot-access laws for most states have a very low threshold for both the Republicans and the Democrats. It’s the third party where the laws get more difficult. R’s and D’s are a shoe in as long as they are nominated at the party’s state conventions.
It appears it’s the party’s responsibility to produce a qualified candidate for the presidency.
Having been adopted in Indonesia at age 5 or 6 would not retroactively caused the State of Hawaii to change their state issued certificate of birth unless there was some concurrent legal proceeding in the Hawaii court system to change the birth certificate. Highly unlikely scenario.
Now the idea that he was born in Kenya and his birth registered in Hawaii when he was a week old causing the serial number on the certificate to be out of order for the day he was born sounds more plausible but I think is also a non-starter because I doubt that birth certificates were processed by birth date and time. I rather expect that the stack of paperwork was processed from top to bottom with newer stuff on top and older stuff on bottom and was somewhat dependant on how often the hospitals sent the paper work in. Once a day, a week, a month?
Oh, I completely understand! It happened to me on this thread myself! I’m still searching through my pings in a separate window to hopefully find the article I read about the politician who traveled to Indonesia! LOL
Yes. There is no law that I am aware of requiring Obama or any other presidential candidate to present proof of age, natural born status, or years of residency to any federal, state, or local agency. If there is then point it out.
The Constitution lays out the requirements for the presidency. The Constitution does not specify how to check candidate qualifications. No federal law does either. It's a gap in the system that hasn't presented any problems, except to current day conspiracy theorists.
Even in a civil suit the burden of proof is with the plaintiff. Berg has to show how he has been damaged. Berg made his claims. Berg has not provided any evidence.
See #195
It appears it’s the party’s responsibility to produce a qualified candidate for the presidency.
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