A Phil-for-an-ill Blog

October 27, 2008

Obama Not US Citizen? Berg v. Obama dismissed – Berg appealing to U. S. Supreme Court

Obama refuses to hand over legate birth-certificates that would settle the issue whether or not he is a US citizen. If cannot prove he was born in the US, then, by constitutional law, he is not eligible to run for president of the USA and proves to be a manipulative and deceitful person.

Fed Judge Throws Out Berg’s Obama Case
Philadelphia Daily News
October 25, 2008

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.

Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.

Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.

He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.

U.S. District Judge R. Barclay Surrick had denied Berg’s request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

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.”

The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”

For example, Berg had claimed that Obama’s nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama’s birth there on Aug. 4.


Original statement by Philip J Berg:

Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is “NOT” qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court
For Immediate Release: – 10/25/08 – Contact Info at end.

UPDATE: Ruling attached at end. It’s a really poor copy, but it is all we have for the moment. Will put up a better copy when we get one.

(Lafayette Hill, Pennsylvania – 10/25/08) – Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

* * For copies of all Court Pleadings, go to obamacrimes.com

# # #

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659

Press Release: Berg v. Obama dismissed – Berg appealing to U. S. Supreme Court

Philip J. Berg, Esq. Files Federal Lawsuit Requesting Obama Be Removed as a Candidate as he does not meet the Qualifications for President

Interview of Philip J Berg with Alex Jones (12 Oct 08):

Alex welcomes back to the show Phil Berg, to discuss the law suit he has files against Barack Obama, to produce his birth certificate. Berg alleges Obama is not native born, therefore ineligible to run for the presidency.

Part 1 of 2

Part 2 of 2

Interview of Philip J Berg with Michael Savage:

Hear Savage interview Democrat attorney Philip J. Berg, former deputy attorney general
of Pennsylvania, about his lawsuit demanding Barack Obama present his original birth certificate to prove he was born in the United States and qualified to serve as president.


Part 1of 2

Part 2of 2


The Obamania Memorabilia series:
“Something is happening of historic proportions”
Barack Obama Using Covert Hypnosis In His Speeches
Holocaust Survivor Warns of Obama Becoming the Next Hitler
Obama Not US Citizen? Berg v. Obama dismissed – Berg appealing to U. S. Supreme Court
Obamas Fainting Women Travelling Circus Act
Protect Democracy by Exposing Obama’s Hypnotic Deception


  1. Oh Boy, He is gonna get away with it. I think we are going to have a fire sale soon. I wonder if Rodney Carrington will have new CD out called “WERE THE VILLAGE PEOPLE” Were the STUPID SUBJECTS of a once great country.

    Comment by Greg Farber — October 27, 2008 @ 2:48 am | Reply

  2. Re: “If cannot prove he was born in the US, then, by constitutional law, he is not eligible to run for president of the USA and proves to be a manipulative and deceitful person.”

    No. The burden of proof is on the people who claim that he was not born in the USA.

    Obama has posted a copy of his Hawaii certificate of live birth..

    If this is not sufficient evidence, then show what proves that he was born somewhere other than in Hawaii.

    What evidence do you have that Obama was born other than in Hawaii where his mother and grandparents lived?

    Do you have a witness who saw Obama’s mother in Kenya? Do you have a record from the Kenyan government showing that they recorded that she had visited Kenya? Do you have a notice in a Kenyan newspaper of Obama’s birth? Do you have a record of a kid named Obama born in a Kenyan hospital at the time of his birth?

    Do you have anything other than the claim of one guy who says he has an audio tape of Obama’s paternal grandmother, and even he cannot be sure of that because he doesn’t know what Obama’s paternal grandmother sounds like, so it could be just any old woman with a Kenyan accent.

    And even if it were Obama’s paternal grandmother, it still wouldn’t be real evidence because she could be lying or mistaken. You would need substantiating evidence along the lines of a birth certificate in Kenya, or a record from a hospital, or someone who saw Obama’s mother in Kenya.

    Without any of that you are merely claiming that Obama was born outside of the USA, just because there was a lawsuit. Or, because you do not like Obama.

    And besides, in the EXTREMELY unlikely chance that Obama could be shown to have been born other than in Hawaii, McCain would not become president. Joe Biden would continue as candidate and would be just as successful, or perhaps even more successful than Obama, and if it were after the election, then as vice president he would become president.

    Comment by smrstrauss — October 27, 2008 @ 3:03 am | Reply

  3. 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!!!

    Comment by Ted — October 27, 2008 @ 3:37 am | Reply

  4. We won’t wait for a U.S. judge to continue to do the wrong thing..As we’ve seen our U.S.President has done..Nevertheless, we have to do the right thing at the polls providing the the machines are free from fraud..


    Emmery Jones Jr/Hillary PUMA
    Medical Record’s Admin.,CCS-P

    Comment by Emmery Jones Jr Medical Record's Admin.CCS-P — October 27, 2008 @ 8:47 pm | Reply

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