Clinton Judge Throws Out BO Suit
Well, if there was ever something to the whole Barack Obama birth certficate controversy, we’ll never know the truth, the whole truth, and nothing but the truth.
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 standard bearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.
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.”
Precedent has now been set. Proof of citizenship is no longer a requirement to become President of the United States. It’s now “unreasonable” to request an authentic birth certificate be presented from the place of its issuance.
While the US Constitution is clear in it’s requirements, and it shouldn’t be considered unreasonable for a candidate who’s raised over $150 million to spend less than $20 to have a birth certificate FedEx’d from Hawaii to a judge in Philadelphia, it looks like the law is in the eye of the beholder.
Welcome to the United States of Obama.
October 25th, 2008 at 9:18 am
I smell cover up. Can Berg appeal this to a higher court?
October 25th, 2008 at 11:10 am
I just don’t understand why Obama doesn’t produce the vault copy of his birth certificate and put the rumors to rest! Every vault copy of a birth certificate that I have ever seen had at least one parental signature and the signature of a doctor/midwife/witness. They also had a raised seal that penetrated through the paper.
October 25th, 2008 at 11:24 am
[...] Parks at Black & Right notes today that a Clinton appointed judge in Philly has thrown out Attorney Phillip J. [...]
October 25th, 2008 at 11:25 am
One thing I’ve learned about litigation over the years — it ain’t over until its over.
There are plenty of legal avenues left open yet.
Since one of the stated reasons deals with Berg’s personal injury or lack thereof, perhaps a class action suit would alleviate that concern.
As for the “ridiculous” and “patently false” stuff, along with the “ventured into the unreasonable” quotes, well, this is a veritable garden of legal challenges.
At the bottom of all of this is still one simple fact:
Obama could release a vault copy BC and the whole thing would be over.
But he has not done so.
McCain has done so long ago.
October 25th, 2008 at 11:31 am
Quote”Obama could release a vault copy BC and the whole thing would be over.
But he has not done so.
McCain has done so long ago.”
Agreed…it makes you wonder what else he will leave out if he becomes President.
October 25th, 2008 at 1:10 pm
He is able to appeal now and there are also at least 8 similar lawsuits in other states right now and growing to have Obama provide the proof or be taken off the ballot.
October 25th, 2008 at 1:23 pm
Quack, Quack, Quack.
October 25th, 2008 at 1:57 pm
Bang, Bang, Bang.
October 25th, 2008 at 2:14 pm
“The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.”
Nonpartisan?
Original document?
They have to be kidding me.
October 25th, 2008 at 3:03 pm
In “the October surprise” video, Mr. Berg said he would appeal to the supreme court if he had to. In case anybody dosen’t know this, lawsuits have now been filed in 7 other states.
October 25th, 2008 at 4:52 pm
If only the Hawaii Department of Health would just come out and say it was a valid birth certificate he sent to politifact.com.
Oh, wait . . .
October 25th, 2008 at 8:18 pm
See, that was NOT a Birth Certificate in the first place, it is a Certificate of Live Birth.
I couldn’t even get a passport or a decent clearance type job with a COLB and neither can you.
“Vault Copy” of Birth Certificate, please, just like every other US citizen must supply.
October 25th, 2008 at 10:23 pm
I’m beginning to see why I’m not a conservative, facts matter to me, I just don’t make them up:
http://www.tampabay.com/news/politics/article630058.ece
October 25th, 2008 at 10:24 pm
There was a story about the 2 birth certificates on a PUMA website called No Quarter. Apparently if you open up the PDF files of both the Kos certificate and the one on fight the smears, and enlarge them massively, they both have different backgrounds. And also, some of the letters are shaped differently. Now I work with PDF files in printing and copying, and I know that is not possible with the same original. Sorry, I could not find a link to that story.
2 plus 2 equals 5. Right Blaine ????
October 25th, 2008 at 10:31 pm
You’re all acting like the Constitution matters anymore. It’s a piece of paper now; just like a birth certificate. It’s nice to have one or the other but not necessary in this day and age.
Same with college transcripts and medical records.
October 25th, 2008 at 10:43 pm
Even if it turns out that he was born in Hawaii, there is still that whole pesky dual citizenship thing hanging over his head. He does not meet the qualifications to become president.
October 25th, 2008 at 10:56 pm
Wrong again, Blaine.
October 26th, 2008 at 12:11 am
Then there is the matter of “with one parent being born in the U.S., said parent must have lived at least 10 years in the U.S., with 5 of those years coming after age 14″ Said age would have to be 19, and she was 18 when he was born, making him not automatically eligible for U.S. citizenship.
That pesky internet, darn them for making that information possible for everybody that wants to look it up.
October 26th, 2008 at 2:35 am
Did Blaine actually say FACTS matter to him? Wow, he must have hit puberty. They have never mattered to him. Hell, he’s made “facts” up for the last 3 months when he actually cared to chime in. Anyway, I’m just chatting with the sane folks here. Be if Afghan winter wonderland soon!
October 26th, 2008 at 9:46 am
Best of luck, TV. Thank you for your sacrifice and service to our country. I hope it’s a better place when you return.
October 26th, 2008 at 3:24 pm
Ah, but wait! Doesn’t that mean Arnold Schwarzenegger can run for President. It must mean that, since you do not have to prove you are really a US citizen to run. Candidate for 2012 Arnold Schwarzenegger or George Soros! yuck ? -George Soros- I must be losing my marbles.
October 27th, 2008 at 8:36 am
Ahmadinejad in 2012? Chavez as VP? Putin as House majority leader? A Muslim cleric in the Supreme Court?
Our government is so progressive we’ve progressed beyond the Constitution.
October 28th, 2008 at 2:01 am
Factcheck.org had a bunch of pictures; close-up, high resolution. The certificate looked legit. At the same time though, why didn’t the Obama camp just produce the certificate instead of posting a grainy photo on the Fight the Smears site?