[eDebate] Berg case thrown out and more

Nicholas A. Thomas pinkballoon
Sat Oct 25 13:16:40 CDT 2008

Update--the case has been thrown out: 

Also notice the nice touch from the bottom of the story: "Further, a birth 
announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth 
there on Aug. 4."


Judge rejects Montco lawyer's bid to have Obama removed from ballot

Philadelphia Daily News
hinkelm at phillynews.com 215-854-2656

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 

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 

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. *


As for Phillip J. Berg, he has the backing of Astrology!
[Berg] sure had luck and the \"gods on his side. It was filed during an 
Ashwini nakshatra and a Vriddhi Yoga. Now the scriptures tell us that any 
activity begun on Aswini will lead to victory. \"The Yoga is Vriddhi 
(Growth) -- intelligent, opportunistic and discerning; life constantly 
improves with age.\"

But that's mere "ad hominem" humor.  More seriously:

1.) Berg is a former H. Clinton supporter (mere coincidence--she can't 
control all her followers), who once called for Obama to withdraw his 
candidacy because of his association with Rev. Wright (I guess being a 
natural-born citizen didn't bother him back then):

2.) In 2001, Berg asked that Justices O'Connor, Scalia, and Thomas (why 
those three?) be disbarred for their decisions in Bush v. Gore:

3.) In 2007, Berg filed a RICO lawsuit against President Bush and VP Cheney 
for 9-11 crimes (no, not POST-9-11 crimes, but for 9-11 crimes).  He even 
wrote to other nations asking that they help in the arrests (obviously the 
DOJ wasn't going to help out):

Also, last April, just to be polite or sporting I guess, Senators McCaskill, 
Obama, and Clinton, among others, passed a resolution stating in no 
uncertain terms that John McCain III was eligible to run for the Presidency. 
Awfully considerate of them:

Last point, which I sincerely mean as a question.  If Obama were elected and 
took office, and *then* it was "proven" that he wasn't a natural-born 
citizen, would it not still take an impeachment to remove him from office? 
No other legal mechanism exists, right?  Courts wouldn't just "nullify" the 
election--they'd follow the constitutional procedure for removing a 
President from office, no?  Certainly "fraud" about one's nationality would 
constitute a "high crime or misdemeanor," but that's still different from 
Congress having the political will (and the citizens giving the right poll 
numbers) to go through with impeachment.  If it violated a constitutional 
Amendment and not enough of the public or Congress cared, would it matter? 
(It certainly hasn't mattered enough over the last 7 years with the 1st, 
4th, 5th, 6th, 8th, 9th, or 10th Amendments, has it?)

Nicholas A. Thomas, PhD Rhetoric
(formerly Assistant Policy Debate Coach, CSULB)
Department of Communication Arts & Sciences
Pennsylvania State University
nat129 at psu.edu

From: "Old Strega" <oldstrega at hotmail.com>
Sent: Saturday, October 25, 2008 11:58 AM
To: <edebate at ndtceda.com>
Subject: [eDebate] throw grandma under the bus?

> it's one thing to throw your reverend under the bus, but your 
> grandma...that's just wrong.
> lock grandma up and don't let her talk otherwise you might have to insult 
> her memory.
> and the two half-siblings that agree with grandma on barack free pass FISA 
> cagliostro obama's birth in kenya.
> berg case reconvenes on november 7, 2008.  tick tock tick tock tick tock.
> http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=78931
> But Philip J. Berg, a former deputy attorney general for Pennsylvania, 
> told the Michael Savage talk radio program tonight that the document is 
> forged and that he has a tape recording he will soon release.
> "This has been a real sham he's pulled off for the last 20 months," Berg 
> told Savage. "I'll release it [the tape] in a day or two, affidavits from 
> her talking to a certain person. I heard the tape. She was speaking [to 
> someone] here in the United States."
> He said the telephone call was from Obama's paternal grandmother affirming 
> she "was in the delivery room in Kenya when he was born Aug. 4, 1961.
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