(Sept. 24, 2008): Obama & DNC Hide Behind Legal Issues - Country Headed to a Constitutional Crisis (ObamaCrimes)

[Mrsawd]

http://citizenwells.wordpress.com/2008/09/24/philip-j-berg-lawsuit-obama-files-motion-to-dismiss-dnc-motion-to-dismiss-september-24-2008/


Philip J Berg lawsuit, Obama files motion to dismiss, DNC motion to dismiss, September 24, 2008

[nycboy]

offcourse u mean it politically :)

[foxyladi]

offcourse u mean it politically :)

yes

[xj550]

I'll file a motion to dismiss Obama from this world, permanently. I know there are millions who would gladly second it.

I know you really meant the USA not world ;)

[kathleen]

Obama could save himself thousand of dollars in legal fees if he simply produced the COLB.

His attorneys should of filed a motion to dimiss with proof of citizenship to end this thing.

BO must really not have one, a legal one, since he refuses to provide one. I hope this court does not dismiss the case. My worry is that this is in a Philadelphia court which are known for corruption.

[HumbleDave]

offcourse u mean it politically :)

But of course.....;)

[nette60]

Maybe we should contact Senator Spector..he is a constitutional lawyer ...even though republican

[Kbentleyis]

Well, we knew this was going to happen to have it dismissed. They sure came under the wire, didn't they.

[Ebinger]

So he never submitted that fake birth certificate to this court?

I'll file a motion to dismiss Obama from this world, permanently. I know there are millions who would gladly second it.

I think that would be dismissed under the Born Alive Act if it covered political careers. The MSM is giving the medical attention in his case.

[Optixmom]

So what happens now?

[Agent 00½ FL]

Here is some of the wording from the motion:


Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National

Committee and Senator Barack Obama respectfully move the Court for an order

dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction

over the claim asserted and that the Complaint fails to state a claim upon which relief can

be granted.
Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion to Dismiss and a proposed Order.

[nette60]

Why doesn't he just produce whatever he needs? I wish someone in the media would jump on this...we need to email it to Rush, Hannity, L Dobbs or any other media you can think of......

[Mrs L]

It can't be dismissed because the law is in the Constitution and he must be an Amercan Citizen.

They are killing time, if they had proof doesn't it seem he would show it and that would be the end of it, he sure wouldn't need to ask for a dismissal.

God Bless Phil Berg!

[YourAussieFriend]

:eek::eek:

[Agent 00½ FL]

It can't be dismissed because the law is in the Constitution and he must be an Amercan Citizen.

They are killing time, if they had proof doesn't it seem he would show it and that would be the end of it, he sure wouldn't need to ask for a dismissal.

God Bless Phil Berg!

Its stating the court lacks subject matter jurisdiction (not a lawyer, just worked for them may have been filed in the wrong court). Complaint fails to state a claim upon which relief can be granted (didn't state for Obama to leave the Country immediately, wild guess here).

[Mrs L]

Phil Berg is scheduled to be on the radio with Ed Hale http://www.hcsfjm.com/chat.html tonight.

[Laura Cereta]

BO's camp is asking for the dismissal of the suit based on the fact that Mr. Berger himself is not being subject to "distinct and palpable injury." They're using legal maneuvering to have the suit thrown out, without ever having to address the original complaints. This may very well work, but Berger can appeal. We'll see...

[Pepper]

Phil Berg is scheduled to be on the radio with Ed Hale http://www.hcsfjm.com/chat.html tonight.

Thanks for that, L. :) I for one, want to hear what Mr.Berg has to say about all this.

[Mrsawd]

I just Hope that That the Court was ready for this and actions are done tommorrow this would shock them to have a motion set back in thier faces so quick with an emergency Motion to stop Barack Obama ASAP !

GO GO GO Phil BERG !

[shadow]

So what happens now?

Delay. Filing a motion to dismiss is basically standard. This delays everything. ob is trying to delay until after the GE.

I would think simply showing the certificate would be the easiest way, but that would require that he actually have one. :rolleyes:

[Mrsawd]

Delay in game would be over if a good reason for emergency situation would be proven this is crusal to our Country !

[jsdjason]

I'm a law student and took Con Law last year. The big thing here is whether the plaintiff has standing to assert a claim. To have standing you have to have suffered a harm, redressable by the court. Technically, Berg has not yet suffered a harm. But, the law provides that the harm be actual or imminent. Thus, the court could decide to rule that Berg does in fact have an imminent harm, but that is unlikely. I think it will be dismissed for a lack of standing. He would then have to bring another lawsuit after election of BO, where he would then have standing.

An example of where someone hadn't suffered an actual harm yet, but was still allowed to take the case to court was abortion cases where a woman was claiming an infringement by the government on their right to an abortion. The court allowed standing in those cases because the harm was "repetitious yet evading review (by the court)." It was because an abortion case would never be fully appealed and decided within the 9 month gestation period. This isn't one of those cases necessarily, but it just shows that the courts will conclude someone has standing without an actual harm.

I think this is a case where imminent harm should be invoked, because it would be a great damage to Berg's voting power. The funny thing in this case is if the lawsuit gets appealed, but BO loses the election before the case is heard (which is 100% going to happen, with how long appeals take), then the circuit court and supreme court will probably dismiss or not grant cert as the citizen would no longer have standing because there would no longer be any harm to the citizen with Obama not being elected. The court could then invoke the "repetitious, yet evading review" doctrine if they think that all future cases similar to this one will avoid being decided because of the length of time it takes to fully appeal a case.

The whole deal about Berg not asserting a claim seems ridiculous to me. If a citizen can't claim that a non-natural born citizen possibly elected president isn't a constitutional harm to him, then I don't know why the framers decided to put that clause in the constitution. That is just silly.

Conclusion, lawsuit dismissed for lack of standing. If I remember correctly Warth v. Seldin was a big standing case in our constitutional jurisprudence, if you want to wikipedia it or something. That or google "constitutional standing."

[Bets1]

I'm a law student and took Con Law last year. The big thing here is whether the plaintiff has standing to assert a claim. To have standing you have to have suffered a harm, redressable by the court. Technically, Berg has not yet suffered a harm. But, the law provides that the harm be actual or imminent. Thus, the court could decide to rule that Berg does in fact have an imminent harm, but that is unlikely. I think it will be dismissed for a lack of standing. He would then have to bring another lawsuit after election of BO, where he would then have standing.


If Mr. Berg was a Senator Clinton supporter, hasn't he suffered imminent harm because Obama deprived him the oportunity to vote for her in Nov.?

[jsdjason]

Haha! Yeah I suppose he did, but that is not redressable by the court because he didn't technically do anything wrong, other than be an a$$.

[jsdjason]

It's sad that this will probably die with as of yet no coverage by the media. Berg better put together a strong rebuttal brief because Obama's lawyer did exactly what he should have by asserting no standing for Berg. Berg has now got to show imminent harm in my opinion, and that is not as easy as it sounds.

[hillaryhoosier]

Of course the media isn't going to cover this, though they were very quick to question McCain's citizenship.....

[Laura Cereta]

I'm a law student and took Con Law last year. The big thing here is whether the plaintiff has standing to assert a claim. To have standing you have to have suffered a harm, redressable by the court. Technically, Berg has not yet suffered a harm. But, the law provides that the harm be actual or imminent. Thus, the court could decide to rule that Berg does in fact have an imminent harm, but that is unlikely. I think it will be dismissed for a lack of standing. He would then have to bring another lawsuit after election of BO, where he would then have standing.

An example of where someone hadn't suffered an actual harm yet, but was still allowed to take the case to court was abortion cases where a woman was claiming an infringement by the government on their right to an abortion. The court allowed standing in those cases because the harm was "repetitious yet evading review (by the court)." It was because an abortion case would never be fully appealed and decided within the 9 month gestation period. This isn't one of those cases necessarily, but it just shows that the courts will conclude someone has standing without an actual harm.

I think this is a case where imminent harm should be invoked, because it would be a great damage to Berg's voting power. The funny thing in this case is if the lawsuit gets appealed, but BO loses the election before the case is heard (which is 100% going to happen, with how long appeals take), then the circuit court and supreme court will probably dismiss or not grant cert as the citizen would no longer have standing because there would no longer be any harm to the citizen with Obama not being elected. The court could then invoke the "repetitious, yet evading review" doctrine if they think that all future cases similar to this one will avoid being decided because of the length of time it takes to fully appeal a case.

The whole deal about Berg not asserting a claim seems ridiculous to me. If a citizen can't claim that a non-natural born citizen possibly elected president isn't a constitutional harm to him, then I don't know why the framers decided to put that clause in the constitution. That is just silly.

Conclusion, lawsuit dismissed for lack of standing. If I remember correctly Warth v. Seldin was a big standing case in our constitutional jurisprudence, if you want to wikipedia it or something. That or google "constitutional standing."

Welcome! What year are you in? :)

[JamieKuuipo]

BHO JUST NEEDS TO PRESENT HIS COLB NOW!!!!!!!

ENOUF WITH THESE TACTICS. MCCAIN PRESENTED HIS WHEN HE WAS
SUED....http://smileys.smileycentral.com/cat/10/10_3_10.gif

[jsdjason]

2nd year student. Con law is a great subject. It is the one subject where you almost always see a dissent it seems. Unfortunately I think Obama may win this fight, for now.

[Horizon]

2nd year student. Con law is a great subject. It is the one subject where you almost always see a dissent it seems. Unfortunately I think Obama may win this fight, for now.

Welcom jason.

[mjoynaples]

I'll file a motion to dismiss Obama from this world, permanently. I know there are millions who would gladly second it.

nobama ever~!

[Destiny]

Clearly, Obama's Certificate of Birth is made up!~

When our children were born, we were given a COB form to fill in and we gave it to the nurse and the hospital typed up a pretty copy for us to have. We could have written anything down, nothing was checked or verified.

The Birth Certificate is another matter. The hospital typed on their own the information regarding the birth and we had to check it for mistakes and then sign the final typed BC, it was then sent off to the recorders office, by the hospital and we got a stamped original mailed to us within 10 days (we paid extra for a rush delivery and for extra copies). We then took that BC (they do not accept COB's) to the SS office and got a Social Security number, which is mandatory now, but not then. When I got my SS# in 1976, I had to show my original BC.

Obama has never presented his original BC (real or fake) to the American people. And, by the way, you do not have to have an American BC to get a SS#, you just have to be legal to work in the good Ol' USA.

What is going on here? Enough is enough.:mad:


PUMA

[Soren]

I'm a law student and took Con Law last year. The big thing here is whether the plaintiff has standing to assert a claim. To have standing you have to have suffered a harm, redressable by the court. Technically, Berg has not yet suffered a harm. But, the law provides that the harm be actual or imminent. Thus, the court could decide to rule that Berg does in fact have an imminent harm."


Coolio, jsdjason - you went into the right field and unfortunately you are right. Obama has the right to bamboozle the American public. He didn't attend Harvard Law for 'nuttin.

[brussell]

Obama & DNC Hide Behind Legal Issues - Country Headed to a Constitutional Crisis
Wednesday, 24 September 2008

For Immediate Release: - 09/24/08
Obama & DNC Hide Behind Legal Issues While Betraying Public in not Producing a Certified Copy of Obama’s “Vault” Birth Certificate and Oath of Allegiance

Country is Headed to a Constitutional Crisis

(Lafayette Hill, Pennsylvania – 09/24/08) - 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 Obama and Democratic National Committee [DNC] filed a Joint Motion to Dismiss on the last day to file a response, for the obvious purpose of delaying Court action in the case of Berg v. Obama, No. 08-cv-04083.

Their joint motion indicates a concerted effort to avoid the truth by delaying the judicial process, although legal, by not resolving the issue presented: that is, whether Barack Obama was “natural born.”

It is obvious that Obama was born in Kenya and does not meet the “qualifications” to be President of the United States pursuant to our United States Constitution. Obama cannot produce a certified copy of his “Vault” [original long version] Birth Certificate from Hawaii because it does not exist.

DNC Chairperson Howard Dean should resign as he has not and is not fulfilling his responsibility of seeing that a “qualified” candidate is on the ballot as the Democratic candidate for President of the United States.

Berg stated that a response will be made in the next few days to their Motion to Dismiss.

Our website obamacrimes.com now has 15.1 + 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.

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
philjberg@obamacrimes.com

View article and attachments here:
http://obamacrimes.com/index.php/component/content/article/1-main/22-obama-a-dnc-hide-behind-legal-issues-country-headed-to-a-constitutional-crisis

[brussell]

comment posted at No Quarter today:

What’s going on w/the Berg lawsuit….someone posted what follows at another blog:
============================
From Barack Obama’s Fight the Smears page, this new language has been added:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

[Kbentleyis]

I think that's so far off. If America were to change governments tomorrow and become Canadian, would that make us American born, or Canadian born?

The fact is, he has dual citizenship no matter how they spin it. I don't care what Kenya rule it was under in 1948--it wasn't the USA!

Wow, what does that make??? Kenyan, British, Indonesian??? This story just gets more legs every day.

[xfiles]

It would seem to me that every US citizen has standing. We would each be injured in numerous ways if Obam were not a natural born citzen or held dual citizenship in many different ways. This ridiculousness of Berg himself not having standing is maddening! :mad::mad:

Obama & DNC Hide Behind Legal Issues - Country Headed to a Constitutional Crisis
Wednesday, 24 September 2008



View article and attachments here:
http://obamacrimes.com/index.php/component/content/article/1-main/22-obama-a-dnc-hide-behind-legal-issues-country-headed-to-a-constitutional-crisis

[lynfreedom]

What i am wondering is why they could not decide on the motion then,

[Got Angelou]

.

Folks, we still need to strongly support the actions of Berg et al.
All of it is overwhelmingly tiresome, but this one still stinks a mile away. Proving his ineligibility is the single best way for Obama to be snuffed off the electoral map.
Americans deserve to know the truth with regard to Obama's dual citizenship!

I don't know about you, but I absolutely flip out over this sh#t... :mad:


.

[Centipede]

I found this comment on that blog to be a bit more telling. Linda Starr knows Berg and is in the know about this case. Monday should be an interesting day.

Respondng to SE...about BO's birthplace
written by Linda Starr, September 25, 2008

To Mr Big and SE:

Actually, Phil Berg doesn't have to ascertain the country of BO's birthplace, just that he's not a natural born citizen who was born in Hawaii.

I've told you people before, we have him. I just can't tell you how we have him yet. It will all be revealed in Phil's answer to the court to be filed on Monday. It's only a matter of when BO's removed and replaced, not if.

[xfiles]

Well, I hope this is true. We have him!


I found this comment on that blog to be a bit more telling. Linda Starr knows Berg and is in the know about this case. Monday should be an interesting day.

[Doris T.]

I've said this on another thread about Berg v. Obama.

Obama should be replying on his own and not tied in with the DNC. And the DNC should be respondinng on their own as well. Obama, the DNC, and the FEC were all served individually.

Also, I think Obama isn't a citizen either. I think that all 18 Million voters of Senator Hillary Clinton have been robbed as well as emotionally and mentally abused by Obama, the DNC, and the Democratic Party.

Obama has especially deprived all of us 18 Milloin voters from voting for Senator Hillary Clinton in the General Election. We have all suffered knowing what the DNC has done by selecting Obama and the travesty performed at the Democratic Convention in August. It has made me physically ill as well as instilled a total lack of trust for the Democrats in Congress because they have not served their constituents.

We all know that Senator Clinton won the popular vote, but Pelosi gave money to some key delegates and they swung their vote to Obama, proving to the 18 Million voters that our vote didn't mean anything and that "We the People" do not elect a president into the White House. It is the Electoral College, which is how Obama intends to win besides every scheme under the Sun for cheating, blackmail, and whatever else works.

I heard Obama state to Bill O'Reilly something about "his trying to place guilt by association" on him. It doesn't come down to just association. Obama has had working relationships and friendships with a whole slew of unsavory characters. Obama chose these individuals throughout his life. No one stays in a church for 20 years if they don't like what is being preached so Obama obviously agreed with Wright from the get-go!!!

Obama likes or identifies with these kind of individuals so it isn't that he is just a poor judge of character. Obama has exactly the same qualities and that is why he associates with these people whether it is Ayers (being unapologetic for his crimes) or Wright (a racist Black man to say the least) or Tony Rezko (the con artist that Obama joined forces with to milk Chicago of money and deprive the poor of adequate and clean, affordable housing because the buildings were never refurbished and are falling apart) and the list is endless.

Each person Obama chooses is flawed by most people's standards of an honest to goodness conscience, this includes Obama at the top of the list. Obama is a monster and hopefully, he will be stopped through this lawsuit before it's too late for the American people and Our Country.

[kyforhillary]

Well, if Kenya was a subject of the British Crown, then wouldn't BO be a citizen of Britiain?
So, maybe he didn't renounce his U.S. or Kenyan citizenship, what about his British one?

[Bets1]

Mr. Berg is on Momma E's radio talk show now. He said, "we'll answer their motion on Monday, hopefully. We'll overcome their motion to dismiss. And, there are other things pending. He can't discuss the detail now."

[scarolina]

Go to Berg's site and read the comments under this latest blog.

http://www.obamacrimes.com/index.php/component/content/article/1-main/22-obama-a-dnc-hide-behind-legal-issues-country-headed-to-a-constitutional-crisis

Very interesting - especially the one about the Army and Homeland Security

[xfiles]

I think there is another thread here on this because I posted on it. Someone "in the know" posted that Phil Berg will file an answer Monday and said "We got him". (Obama)

Said we will know Monday what it is! I hope it's really true and it's really SOMETHING.

I'm so tired of these red herrings!

[xfiles]

Mods please merge with this thread:

http://www.hillaryclintonforum.net/discussion/showthread.php?t=31922

[Ijane]

I'm a law student and took Con Law last year. The big thing here is whether the plaintiff has standing to assert a claim. To have standing you have to have suffered a harm, redressable by the court. Technically, Berg has not yet suffered a harm. But, the law provides that the harm be actual or imminent. Thus, the court could decide to rule that Berg does in fact have an imminent harm, but that is unlikely. I think it will be dismissed for a lack of standing. He would then have to bring another lawsuit after election of BO, where he would then have standing.

An example of where someone hadn't suffered an actual harm yet, but was still allowed to take the case to court was abortion cases where a woman was claiming an infringement by the government on their right to an abortion. The court allowed standing in those cases because the harm was "repetitious yet evading review (by the court)." It was because an abortion case would never be fully appealed and decided within the 9 month gestation period. This isn't one of those cases necessarily, but it just shows that the courts will conclude someone has standing without an actual harm.

I think this is a case where imminent harm should be invoked, because it would be a great damage to Berg's voting power. The funny thing in this case is if the lawsuit gets appealed, but BO loses the election before the case is heard (which is 100% going to happen, with how long appeals take), then the circuit court and supreme court will probably dismiss or not grant cert as the citizen would no longer have standing because there would no longer be any harm to the citizen with Obama not being elected. The court could then invoke the "repetitious, yet evading review" doctrine if they think that all future cases similar to this one will avoid being decided because of the length of time it takes to fully appeal a case.

The whole deal about Berg not asserting a claim seems ridiculous to me. If a citizen can't claim that a non-natural born citizen possibly elected president isn't a constitutional harm to him, then I don't know why the framers decided to put that clause in the constitution. That is just silly.

Conclusion, lawsuit dismissed for lack of standing. If I remember correctly Warth v. Seldin was a big standing case in our constitutional jurisprudence, if you want to wikipedia it or something. That or google "constitutional standing."

The lawsuit is also against the DNC. If the DNC knowingly allowed Obama to run for President despite his citizenship issues and fraudulently claiming to have only one identity, then hasn't harm already occurred to the millions of people who have donated money to both Hillary's campaign and to Obama's campaign? Isn't this lawsuit for the purpose of challenging the DNC to prove that they're not running an ineligible candidate despite the compelling evidence?

[Destiny]

Well, if Kenya was a subject of the British Crown, then wouldn't BO be a citizen of Britiain?
So, maybe he didn't renounce his U.S. or Kenyan citizenship, what about his British one?

HOW MANY PASSPORTS DOES OBAMA HAVE?????

P.U.M.A.

[Annie]

HOW MANY PASSPORTS DOES OBAMA HAVE?????

P.U.M.A.

Probably what the break in was - looking for the passports and what was stamped on them - re Indonesia.... We also know he was in Kenya last year campaigning for his cousin Raila Odingo the Islamist.

[Bad Kitty]

HOW MANY PASSPORTS DOES OBAMA HAVE?????

P.U.M.A.

Maybe Obama has one and Soetero has one.

[lynfreedom]

hope she is right. I tried to register on the site. Found the login but there is no registration place...anyone see it and I jsut don't

[hobbitt]

I think that's so far off. If America were to change governments tomorrow and become Canadian, would that make us American born, or Canadian born?

The fact is, he has dual citizenship no matter how they spin it. I don't care what Kenya rule it was under in 1948--it wasn't the USA!

Wow, what does that make??? Kenyan, British, Indonesian??? This story just gets more legs every day.

Yep!

And what about Little Barack being adopted by Soetero? Did that not make him a citizen of Indonesia?

Seems to me I remember seeing (perhaps on NoQuarter) images of his school records, listed as Barry Soetero, Muslim, citizen.

As Grandma Lena said, "Kittens in the oven are not bread."

(it took me years to understand that, but now that I do, I like it!)

[Christines]

The MSM is letting Obama get away with everything short of murder. Deep pockets must really be protecting him. Why isn't more being done?
Where is that October surprise?

[hobbitt]

Probably what the break in was - looking for the passports and what was stamped on them - re Indonesia.... We also know he was in Kenya last year campaigning for his cousin Raila Odingo the Islamist.


Isn't it strange how every relation of Obama's on the paternal side is a Muslim, but he isn't?

And isn't it strange that every relation on his maternal side has Communist associations? His mother, his grandfather and grandmother (The Typical White Person, now locked away incommunicado in Hawaii, not the other one who "lives in a tiny hut in Africa, without water or electricity").

[Mrsawd]

The American People need to keep pushing our GOVERMENT to stop supporting Obama and the DNC and start pushing the Constitution !


keep pushing the civil rights and keep in touch withthe NRA because Obots are trying to stop the NRA

[foxyladi]

Well, we knew this was going to happen to have it dismissed. They sure came under the wire, didn't they.

just barely??????:eek::eek:

[xfiles]

bump

[Laura Cereta]

2nd year student. Con law is a great subject. It is the one subject where you almost always see a dissent it seems. Unfortunately I think Obama may win this fight, for now.

There's a good chance it will be dismissed. They cited case law that's already set precedence so it's not likely the judge will mess with it further. I'm 3rd yr, by the way... and I loved Con law, too! :D