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Posts Tagged ‘Judge Surrick’

In the matter of Berg vs Obama, questioning Obama’s citizenship and eligibility to be President, Berg has appealed all the way to the Supreme Court and we are awaiting a ruling which may take until hell freezes over.  None the less, no facts were ruled valid or invalid as they have not been heard. In all these filings the FEC – Federal Election Committee is named along with Obama and rightfully so the FEC made a special filing to the Court requesting relief from the claim since the dismissal of the case not apparently mention them specifically from being dismissed. 

DEFENDANT FEDERAL ELECTION COMMISSION’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1)

Defendant Federal Election Commission (“FEC” or “Commission”) moves to dismiss the Complaint in this matter pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Plaintiff’s Complaint does not present an Article III case or controversy because plaintiff lacks standing to raise the issue of a candidate’s constitutional eligibility. Moreover, even if Berg had standing to raise the constitutional eligibility issue, the Commission should be dismissed as a party to this case because it has no oversight over the Constitution’s Presidential Qualifications Clause.

 

The FEC claims it has no oversight in the Constitutions Presidential Election Qualifications clause. 

WHAT, NO OVERSIGHT?  Go and read the brief the FEC filed for yourself and see that the FEC is not in charge of eligibility.  Who the frig is in charge of election qualifications? 

The history of the Berg filings.  http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

http://obamacrimes.com/index.php/component/content/article/2-news/49-press-release-10-30-2008-berg-filing-injunction-to-stay-presidential-election

Incidentally Judge Surrick on  wrote “AND NOW, this 27th day of October, 2008, having dismissed Plaintiff’s First Amended Complaint for Declaratory and Injunctive Relief, it is ORDERED that all pending motions are DISMISSED as moot. IT IS SO ORDERED.BY THE COURT:/s/ R. Barclay Surrick, Judge.

According to Mr Berg, he has filed two documents:

  1. Application for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
  2. Petition for Writ of Certiorari. http://en.wikipedia.org/wiki/Certiorari

 

http://www.fec.gov/ If the Federal Government can’t policy itself to have over sight in Federal Elections, who does?

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I am convinced that Barry Baraq Mohammed Hussein Dunham Sottero Obama Jr., is not a natural born citizen as required by the U.S. Constitution to be President.  If Obama wins the election as most polls predict, Obama will be an Unconstitutional President the second he raises his right hand to God or Allah and takes the Presidential Oath of Office.

In the opinion of groups like Family Security Matters, “unless Obama can produce an authentic birth certificate proving that he is a “natural born citizen,” then every Democrat member of Congress, every person managing Obama’s campaign, every officer and director of the Democrat National Committee, and every person who has ever taken an oath to “support and defend” the Constitution and is now supporting an Unconstitutional candidate for president, has participated in a vast left-wing conspiracy to defraud millions of Democrats out of hundreds of millions of dollars to elect an Unconstitutional President.” http://familysecuritymatters.org/docLib/20080805_VoterGuide_Aug_4_2008CATOKvf1.pdf

In concealing the whereabouts of his birth, Obama so far has succeeded in dodging the most fundamental requirement of eligibility as President.  Numerous legal proceeding have been filed against Obama to provide proof of his citizenship but most cases have been quick in responding with motions to dismiss further allowing That One to continue to perpetrate fraud on the American people.  Berg vs Obama was dismissed by the US District Court for the Eastern District of Pennsylvania last week, for lack of standing, he has appealed to the Supreme Court. No facts were ruled valid or invalid as they have not been heard.  Berg and all citizens of The USA must query the authority of Judge Surrick’s District Court’s decision and the eligibility of Obama’s citizenship.  Berg commented:

“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?”

Summarily, “Berg’s suit sought to present evidence that Obama may have been born in Kenya, where under the law at the time, his mother (a U.S. citizen) would have had to have been 19 years old to have conferred her citizenship to him.  (Obama ACKNOWLEDGES dual citizenship with Kenya on his website https://donate.barackobama.com/page/contribute/splashmagnet_octexp).  Berg also sought to produce evidence that Obama later held Indonesian citizenship when he was adopted by Lolo Soetoro and moved with him to Indonesia.  Indonesia and the U.S. did not recognize dual citizenship at the time, so the only valid citizenship he would have held in that case is Indonesian.  He would have expatriated any U.S. or other citizenship held.”  http://www.chronwatch-america.com/articles/3830/1/Berg-vs-Obama-Headed-for-Supreme-Court/Page1.html  Even if he subsequently regained U.S. citizenship, it would be thru naturalization, which is expressly ineligible to serve as President of the United States under Article II of the Constitution! 

Berg v. Obama No. 08-cv-04083. can be followed here. 


 http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

 http://www.supremecourtus.gov/ http://www.scotuswiki.com/index.php?title=Main_Page 

http://obamacrimes.com/index.php/component/content/article/2-news/49-press-release-10-30-2008-berg-filing-injunction-to-stay-presidential-election further explains his appeal to the Supreme Court here. 

The Supreme Court is a busy place and .  But remember: On November 4, we vote for electors, who then vote on December 15 for the President.
Technically, there’s still time, though time is of the essence.  The Electoral College consists of 538 popularly elected representatives who formally select the President and Vice President.  In 2008, it will make the selection on December 15.  http://en.wikipedia.org/wiki/Electoral_College_(United_States). 

Perhaps the October Surprise will come in time for Christmas.

Thy will be done, let justice be served

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http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html asks who enforces the Constitution’s Natural Born Citizen Clause?  Apparently it isn’t you or I that enforce the Constitution.  We only foot the bill with our taxes to those duly elected, to protect and serve, “We the people. 

Worth the read , excerpted . 

“The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”

Judge Surrick did not agree in Berg vs Obama, which undoubtedly will be refiled.

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The audacity of Obama’s eligibility!  Is Democratic presidential candidate Barack Obama eligible for President, or not?  Critics and adversaries have spent a lot of time and money raising doubt and spreading rumors that Obama is not a citizen.  In Obama’s refusal to provide proof and only file motions to dismiss, he is beginning to alert the questioning, rational, voting public into making a rational conclusion and judgment that perhaps he has something to hide after all.

The case of Berg vs Obama was seeking to clarify in Federal Court, Obama’s citizenship status.  Berg vs Omama was filed the case over two months ago, taking more than 60 days to reach an opinion of the court. The motion may be read in its entirety here http://obamacrimes.com/attachments/041_Obama,%20Plaintiff/’s%20Motion%20for%20Summary%20Judgment%20against%20Obama%20and%20the%20DNC.pdfAccordiing to the Philadelphia Daily News, Saturday Morning on-line edition- http://www.philly.com/dailynews/local/20081025_Judge_rejects_Montco_lawyer_s_bid_to_have_Obama_removed_from_ballot.html Judge 

Judge Surrick has dismissed the lawsuit.  In a 34 page memorandum and opinion, the judge said “Berg’s allegations of harm were “too vague and attenuated to confer standing on him or any other voters.”  In pursuing the claims that Obama was not a natural-born citizen they were, ” frivolous and not worth of discussion.” In addition, that Berg’s arguments to the contrary, “ventured into the unreasonable.”

http://www.paed.uscourts.gov/ is the web site for the United States District Court for the Eastern District of Pennsylvania.  Any rulings can be found under recently filed opinions for free, however it does not appear here yet. The PACER Service Center is the Federal Judiciaries centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records http://pacer.psc.uscourts.gov/uspci.html You must register and pay 8 cents per page to access these records. 

How is unreasonable to seek out through the court, the determination of qualifications to achieve The Office of President of The United States of America?  Berg listed a total of 56 questions that were by some accounts, a stretch into an abyss of technicalities and accusations, but the simple request of requiring Obama to present a certified birth certificate and not a certificate of live birth has been denied not only to Berg but to all Americans seeking truth and justice in a marred political and judicial system. Berg only last week sought an ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT     http://obamacrimes.com/attachments/041_Obama,%20Plaintiff/’s%20Motion%20for%20Summary%20Judgment%20against%20Obama%20and%20the%20DNC.pdf.  Berg’s attempted to require the court to cite Rule 56 of civil proceedings {From the Legal Information Institute http://www.law.cornell.edu/rules/frcp/Rule56.htm } in that since Obama failed to deny the accuracy, it is” (2) Opposing Party’s Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.”  Berg was basically saying that since Obama did not respond to this motion, Obama does not meet eligibility as President and that all of the Admissions directed to Obama and the DNC are [sic-should have been] deemed “ADMITTED.”  Therefore, Obama must immediately withdraw his candidacy for President.   https://ahrcanum.wordpress.com/2008/10/24/citizenship-lawsuits-linger-for-obama/  

 

 

Obama’s certificate of birth, while not a birth certificate can be found at http://fightthesmears.com/articles/5/birthcertificate  That doesn’t prove it is real. Only that there is no credible evidence that it’s fake.  His campaign has a burden of proving otherwise, and they have failed to do so and will not be required to instead filing motions for dismissal rather than providing proof.

Both Nominees and selected Vice Presidents, all four of them- Obama, Biden, McCain and Palin should be asked to provide a copy of their original birth certificates- not just live birth.  http://gretawire.foxnews.com/2008/10/24/ok-the-internet-rumors-about-the-birth-certificate-lets-end-the-rumors-and-the-viral-nature-of-them/ Greta thinks so too.  

The matter of Obama’s citizenship records will not cease with the ruling from the the Presiding Judge- The Honorable R. Barclay Surrick, United States District Judge, United States Courthouse, 601 Market Street, Room 8614, Philadelphia, PA 19106,  Deputy clerk: Michael Finney  (267) 299-7639 Secretary: Donna Donahue (267) 299-7631. Today is Saturday, and it seems rather convenient that the court has issued its ruling over the weekend whereby,  no comments can be made to the press or enter the entire findings into court records.  

I’d bet my piece of sweet potato pie that Berg will file an appeal.  There is a  draft template that after a few revisions anyone in California and The United States will be able to use to sue Barack H. Obama for his certificate of live birth.”   Just fill in your name and file it –  http://mitchell-langbert.blogspot.com/2008/10/draft-cal-template-to-sue-for-bocolb.html

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