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Judge rejects Montco lawyer's bid to have Obama removed from ballot [Berg's lawsuit]
Philadelphia Daily News ^ | Oct. 25, 2008 | Michael Hinkelman

Posted on 10/25/2008 1:48:50 AM PDT by Dajjal

A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.

[snip]

In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.

Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."

[snip

Berg could not be reached for comment last night.

[snip]

(Excerpt) Read more at philly.com ...


TOPICS: Breaking News; News/Current Events; Politics/Elections
KEYWORDS: 0; 113; 122; 123; 139; 87; 91; antichrist; berg; bergvobama; birthcertificate; certifigate; citizen; citizenship; clinton; colb; colbaquiddic; dnc; fec; hawaii; hillary; indonesia; kenya; lawsuit; leftwingconspiracy; mccain; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; palin; passport; philberg; philipberg; puma; pumas; ruling; selfping; surrick
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To: Caranda

There are at least 8 other suits out there. Are none of them going anywhere? It is not a distraction from “real issues”. Eligibility to be president is much certainly a very real issue.


61 posted on 10/25/2008 4:39:39 AM PDT by nobama08
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bump


62 posted on 10/25/2008 4:39:52 AM PDT by Non-Sequitur
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To: Nipfan

By the way, there are now similar suits in several states.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I read there is a suit in Utah. I will call my Utah friends and ask them to put pressure on their elected representatives. Hopefully, the Republicans will follow through with this on the state level.


63 posted on 10/25/2008 4:47:54 AM PDT by wintertime (Good ideas win! Why? Because people are NOT stupid)
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To: nobama08
There are at least 8 other suits out there. Are none of them going anywhere?

After this? Probably not, unless one of them uses a different tack than Berg used. If they're identical then they'll probably all be dismissed for the same reason using this case as precedent.

64 posted on 10/25/2008 4:53:12 AM PDT by Non-Sequitur
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To: Dajjal

Looks like the person with the inside track at this district court has not yet received the news as 7:52 AM this morning:

http://www.americasright.com/


65 posted on 10/25/2008 4:53:23 AM PDT by motoman
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To: Dajjal
Even if it's NOT proven, the water cooler buzz, and the fact that he has gone to court, rather than just showing the d@mn thing, that gives the story legs, and street cred.

Actually, the way to bust this open, and to guarantee the election for McCain, would be to have Sarah Palin on for 30 seconds *IMMEDIATELY* following the Obama 30-minute ad buy.

She would say this:

My fellow Americans, there has been controversy over the legal status of John McCain to serve as the next President, given the Constitutional requirements for citizenship.

John McCain has already supplied his.

No other candidate in this race has done so.

Therefore, I have this offer for Senator Barack Obama:

"I'll show you mine if you show me yours."

LANDSLIDE.

Cheers!

66 posted on 10/25/2008 4:55:08 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: grey_whiskers
I'll bet it is overturned on appeal.

And I'll bet that Berg doesn't even file an appeal. He never has before on similar lawsuits.

67 posted on 10/25/2008 4:56:09 AM PDT by Non-Sequitur
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To: Non-Sequitur

I believe one was filed by a Secretary of State. If they don’t have standing, then no one does. How is it possible that a candidate for the presidency does not have to provide proof of being a natural born citizen?


68 posted on 10/25/2008 5:03:44 AM PDT by nobama08
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To: nobama08
How is it possible that a candidate for the presidency does not have to provide proof of being a natural born citizen?

Because there is no law designating a process for doing so. No federal agency is tasked with checking presidential qualifications. Not a single prior presidential candidate has been required to do so. It's one of those things that has kind of fallen through the cracks. It'd be nice to think that the situation will be rectificed by Congress, but not with the Democrats in charge.

69 posted on 10/25/2008 5:09:40 AM PDT by Non-Sequitur
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To: EBH
Ohio, Brunner, is a shill for Obama. She has throughly trashed the Ohio voting process...Ohio is a mess already.

Frau Brunner (horses whinnying)whatever, they should throw out Ohio's electoral votes.

70 posted on 10/25/2008 5:10:32 AM PDT by ROCKLOBSTER (RATs...nothing more than Bald Haired Hippies!)
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To: motoman
Thank you for the link.

So?....If Berg has no standing to sue Obama, how can a state assure that Obama is indeed qualified ( under the Constitution) to run? Is there a solution to the conundrum?

71 posted on 10/25/2008 5:18:30 AM PDT by wintertime (Good ideas win! Why? Because people are NOT stupid)
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To: Dajjal
No court or judge is ever going to rule on this because they know that being so late in the contest if they were to find issue it would cause a backlash of epic proportions.
72 posted on 10/25/2008 5:20:00 AM PDT by tobyhill (With an Obama the suburbs will be the new ghetto)
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To: Caranda

Hi! Do You also get Axelrod his coffee and paper in the morning before he pulls his puppet, Obie, out of the storage box for the next day’s hoaxes?


73 posted on 10/25/2008 5:25:18 AM PDT by NOBAMA in 08 ( OBIE HUSSEIN is a Pathetic Puppet of Bill Ayers and Associates!)
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To: wintertime

This case is an example of new juridicial waters never chartered before.

It should not be unreasonable for voting citizens to be given adequante assurance that the candidates on the ballot for the POTUS are constitutionally elligible.

I’m not sure that there are any past cases where a candidate has so many inconsistencies in his citizenship story, such as Obama, that a judge was compelled to force the candidate to produce his long-form original birth certificate. If there is, someone should cite these a precedence.

You would think that common sense would prevail. Apparantly, the judge seems to be stating that forcing Obama to produce his long form BC is somehow a violation of Obama’s civil rights, despite the fact that he is on the ballot for POTUS. All this despite the fact that Obama and his lawyers are fighting tooth and nail to avoid providing proof that he is constitutionally elligible.


74 posted on 10/25/2008 5:37:28 AM PDT by motoman
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To: Dajjal

Has anyone out there thought of petitioning for a Writ of Mandamus to be served upon the Supervisor of Elections to determine the eligibility of all presidential candidates to be on the ballot?


75 posted on 10/25/2008 5:38:32 AM PDT by esquirette (If we do not know our own worldview, we will accept theirs.)
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To: nobama08
"How is it possible that a candidate for the presidency does not have to provide proof of being a natural born citizen?"

"A nation can survive its fools, and even the ambitious.
But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly.
But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself.
For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist.
A murderer is less to be feared."

-- Marcus Tullius Cicero

76 posted on 10/25/2008 5:46:29 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: Blogger

LETS ROLL!


77 posted on 10/25/2008 5:47:00 AM PDT by trustandobey
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To: Diogenesis

Scary. And there is nothing we can do about it.


78 posted on 10/25/2008 5:49:07 AM PDT by nobama08
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To: grey_whiskers
I've already been teasing some of the liberals on YouTube about this.

Barack 0bama. Doing a governing job that Americans won't do.

Barack HUSSEIN Obama Jr. would be the first President with a green card.

If we can't see his birth certificate, could we at least see his green card?

79 posted on 10/25/2008 5:55:28 AM PDT by dbehsman (America needs Obama/Ayers like Auschwitz needed conveyor belts to speed things up.)
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To: dbehsman

Berg can appeal to the Supreme Court.


80 posted on 10/25/2008 5:59:32 AM PDT by jrolfedrev
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