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Obama Birth Certificate: Ruling in Berg v. Obama Expected In Next Two Days- UPDATED



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Obama Birth Certificate:
Berg v. Obama Federal Lawsuit News Update
African Press International News Update

* Ruling Possible today in Berg v. Obama?
* African Press International Michelle Obama tapes to be transferred today


UPDATES at end of story.

There may be some movement in the federal lawsuit, Berg v. Obama, today.

Jeff Schreiber, a legal student who’s also been covering the case from Philadelphia and has sources inside the federal courthouse is writing that there likely could be a ruling before this weekend.

From
Space Reserved for News on Court Order
:

“I have, from good and reliable sources, information suggesting that the Hon. R. Barclay Surrick will come down with an order and memorandum either on Thursday or Friday.”

This space is reserved for news on that order. Therefore, unless something monumental occurs over the next two days, I will not be reporting anything further so as to reserve this spot for news regarding the decision in the Berg v. Obama case. It should be easier for everyone that you can simply check this part of the page for news of the order without having to wade through anything else.

Schreiber, who was the first to write about the Berg suit (Berg is demanding that Barack Obama supply the court with proof of his U.S. citizenship), has been the best source of news on Berg v. Obama.

Schreiber’s site, America’s Right, has a complete archive of the motions filed by both sides in the lawsuit and a trip through AR’s archives, located on the right sidebar, will get readers up to speed on the case from the beginning.

Schreiber’s best guess (he clearly labels it as one) has been that Berg lacks standing to sue Obama in federal court. From talking to his sources, Schreiber senses that the judge may surprise everyone on this point.

Common sense, for the past two months, has told me that Philip Berg’s case will be eventually dismissed on grounds of lack of standing. Nevertheless, I have had a gut feeling that Judge Surrick may very well just surprise us all — the information I have been getting over the past 24-36 hours reinforces that gut feeling.

Jeff Schreiber also tags this bit of info onto the above-cited post:

“Please refrain from calling the courthouse, as I am told that the phone calls are coming in at the rate of several dozen each day. And, as always, keep checking here at America’s Right for updates, especially this crucial one. America’s Right was the first to report on this lawsuit when it was filed on August 21, and I have no reason to believe that America’s Right will not be the first to report on the judge’s decision.”


For a line-by-line evaluation of Berg’s filings, readers may very well want to visit What’s Your Evidence? Many of Berg’s points in Berg v. Obama appear to be speculation and WYE does a very good job of presenting–well, evidence for both sides.

While not eliminating all questions, WYE? does a great job of slicing through the wheat and the chaff.


ALSO at DBKP:

* Obama Birth Certificate Lawsuit: Obama, DNC Fail to Respond-UPDATED
* Washington Man Files Lawsuit over Obama Citizenship Questions
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Birth Certificate Federal Lawsuit: Video Released On YouTube
* Obama Birth Certificate Federal Lawsuit: Updates, News and Reactions
* Obama Birth Certificate Federal Lawsuit: The Curious Behavior of the Obama Campaign
* Obama, Bill Ayers, and FactCheck.Org: All Have Ties To Annenberg Foundation


NOTES:

* DBKP has attempted to reach Phillip Berg over the last 24 hours, but Mr. Berg was out of his office yesterday, making the rounds of talk shows. Berg appeared on three different ones yesterday, including G.Gordon Liddy’s.

* There have been two lawsuits in the states of Washington and Hawaii asking Obama to provide the secretary of state with basically the same information sought by Berg. According to reports, these cases would have a much better chance of success on the standing issue.


AFRICAN PRESS INTERNATIONAL

On the African Press International story (Michelle Obama’s supposed phone conversation with a small African news agency), a much different update was being prepared than this one.

It has been nine days since African Press International claimed that Michelle Obama called one of its correspondents and made some controversial remarks. [Shocking development: Mrs Obama decides enough is enough: "My husband was born in Hawaii and adopted by his step father, does that make him unpatriotic; she asks", on a direct telephone to API.]


RELATED: BACKGROUND at DBKP:
* African Press International, Michelle Obama Phone Call: Tapes Released Later Today
* Michelle Obama Calls African News Organization Over Obama Birth Certificate Reporting – UPDATED
* African Press International, Michelle Obama: Editor Says He Has Audio Tape of Conversation
* African Press International: Open Letter to Michelle Obama from API Chief Editor


Some bloggers have grown impatient and washed their hands of the entire affair, pronouncing it a hoax.

These writers may very well be correct in their assessment.

Our opinion?

We really don’t have one. We have no reason to disbelieve African Press International’s account of the incident. The Obama campaign quickly issued denials to ABC and NRO concerning the story. That makes it a legitimate story in our minds, so we’ll report on it.

DBKP was ready to join their ranks of those believing it was a hoax and decided to reserve judgment a bit.

Our reasoning?

We’re here to report on the developments–if any–of this story. Is it a hoax? We repeatedly said: we don’t know. We don’t think anyone else at this point, outside of the principals involved, knows either. We’ll let our readers make their own decisions about whether they believe or disbelieve the API stories.

DBKP has contacted a number of persons and there seems to be some kind of “silence radio” on this tape. That being said, DBKP has obtained information that several professionals believe that they will have possession of the audio tapes later today, including Phillip Berg. It’s been reported that Berg will be releasing a statement later today.

From all accounts, API is described as a bunch of amateurs, unschooled in handling the unexpected attention their story brought them.

We’ve also received a few reports that several people have heard “snippets” from the tapes and that that they appear to be legitimate. We will caution:

  • We have no way of confirming this;
  • We have no way of knowing how these individuals arrived at their decision that they appeared legitimate; and,
  • We have no information on whether the individuals who’ve claimed they’ve heard the “snippets” of the audio have any particular background or expertise in validating or authenticating audio tapes.

We do have more reason to believe that whatever audio is available will be in the hands of representives in North America today.

The question of whether they are real or not would then have to be examined.

What will happen in Berg v Obama and the African Press International stories today?

We don’t know.

Is the API-Michelle Obama story a hoax?

We don’t know that either. Hoax or not, we will report the news either way.

We will post more information as it becomes available and, as always, let our readers make their own judgments.

UPDATE: 1545 EDT

Hawaii Supreme Court denied Martin’s mandamus request. (Hawaii case link)
Important: The Order did not dismiss Martin’s original case before the trial court, but merely refused to order release of the birth certificate or to require the trial court to permit proceedings via teleconference. However, based on Martin’s filings to the Supreme Court, the ruling effectively prevents him from proceeding in the case – unless he decides to remain in Hawaii after today

On Berg v. Obama and any possible rulings:

WHEN/IF the ruling comes down, it is very important to immediately explain what the ruling means.

1. IF the Court rules on Standing, that means ONLY that either Berg is permitted to continue his case (if the motions to dismiss are DENIED) — or that Berg can’t continue (if motions are GRANTED). WhichEVER way the court rules, it has NO bearing WHATSOEVER on the court’s view of the “merits” of the case. The court may not consider the merits of the actual case when deciding this motion. It may only consider whether Berg has the basic right to BRING the suit.

2. IF the Court rules on the discovery motions – that -again – should NOT be taken as any indication by the court as to the merits of the claims. Rather, whatever the ruling is – it will be on the right to proceed with discovery on the merits (and how fast that must take place).

Hope this helps put things in context a bit.

by Mondo Frazier
images: dbkp file

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Comments

  • Just Passing Through said:

    The entire story of the “citizenship” of the dnc nominee need never have become a story. Logic would dictate that if there is/was nothing to hide, WHY not present the document and be done with it? But when both the nominee and the dnc expend needless funds to challenge the release in court SHOULD cause others to question WHY. I may be totally wrong, but something smells. All of this extra time COULD allow the nominee, his associates or others and the dnc to “find” the correct (read that forged) document. (Maybe they got pointers from dan rather).

    Nothing is beyond the dnc in their attempts to control our lives. Remember the NJ situation where the dnc candidate was under investigation prior to the primaries and was indicted after he won the primary? As his poll numbers took a free fall, he held on to the candidacy only to give it up AFTER the legally established (by democrats) date for withdrawing passed. Yet, the NJ Supreme Court, under democrat control) allowed the democrats to replace his name with another on the ballot. Thus, taking the election from the Republican nominee and giving it to a democrat.

    In Washington state, the Republican nominee won the race for Governor. The dnc claimed foul and began a “search” for uncounted ballots. It took 3 times, but eventually they “found” a sufficient number of ballots to change the election. Although there was NO proof these ballots has been in protective possession of the King County Elections Commission, the Wash. Supreme Court, under democrat control, allowed the ballots to be counted and applied to the total.

    And of course we can’t forget the 2000 election where the Florida Supreme Court (under democrat control) insisted up the use of “psychic readers” to determine how they THOUGHT voters INTENDED to vote for President. When that failed, they attempted to use other methods until the US Supreme Court stepped in and blocked further “seeks and steal the election” efforts. And of course, the dnc attempted to block the counting of Absentee ballots of US military personnel. The dnc never misses a chance to let the nation know their stance on our brave men and women in uniform. But they at the same time, take every step possible to register illegal aliens, felons and others not entitled to register or vote.

    Vote to SAVE our NATION. Vote for McCain/Palin

    Reply

  • allen said:

    Philip Berg, who brought the lawsuit against Obama has questionable credentials.

    He wrote an open letter to all nations, calling for the arrest of Bush and Cheney:

    “Now, it is time for world leaders to take the lesson learned from Iraq and issue a warrant for the arrest of George W. Bush and Richard Cheney; arrest them; take them to a neutral country; try them for the murder of over 2,800 people from more than 80 countries on 9/11/01 and, when found guilty, sentence them appropriately. Jurisdiction would be proper in any of the more than 80 countries whose citizens were murdered on 9/11.”

    In a separate case, he was fined $10,000 by a U.S. District Judge for unethical behavior.

    Reply

  • Truthsayer said:

    Trying to disparage a legit lawsuit by discrediting the messenger is a DNC tactic. Remember the recent Joe the Plumber episode and the wrath of the DNC, Obama and Media?

    Reply

  • JustSteve said:

    Barack Obama’s Certificate of Live Birth has been available for viewing on his web site for MONTHS. The State of Hawaii has said the Certificate of Live Birth is an official document they produce as a Birth Certificate.

    This is a silly and pathetic argument.

    This US Constitution is clear on this issue:

    “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”

    There is no clause in there regarding whether a person is a natural born citizen, and then lives abroad for a number of years (against his will in this case as a child), and then returns that he is no longer eligible. It is not there, and nothing short of an Ammendment to the Constitution can do that. Given that Senator Obama has legally voted and has served both as a State Senator and as a US Senator, it is clear that he is identified as a US Citizen.

    I realize that a detailed court filing can look pretty impressive, but the facts remain. The State of Hawaii say that Barack Obama was born there and that he is identified as a US Citizen. That is the entire argument. Oh, and he’s over the age of 35. So, he is eligible to run for the Presidency.

    Simply saying anything different does not matter, its not borne out by the facts.

    Reply

    brett Reply:

    I realze and so shoul all of us that none of us can be 100 percent coorect in this matter until it is all settled. However I just want to argue the other side here.

    You know with this whole thing we can sit here and say that Hawaii has his birth certificate and he was born in the U.S. but you could also look at the other side. He has a grandmather and uncle still in Kenya who have claimed to be eye witnesses of his birth in Kenya. Yes he did very shortly after come to the U.S., i think like within months and recieve a birth certificate but was it a live birth certificate? There is a difference in a case as of this one.

    So you can argue the eye witnesses in that case.

    Also Obama was served I think like in October 16 saying that they wanted proof of his live birth in Hawaii. In a case of being served you have 30 days to return with an answer or when brought in front of a supreme court the issue in which you where served can be considered as true in court due to you not responding in the givin time. Obama tried to stall but he was denied more time, then he failed to show his certificat which was a huge mistake on his part if he is legal. By failing to do something as easy as getting and showing his birth certificate he has admitted by law that he is not legal and that is a valid arguement and evidence in this supreme court case.

    So secondly you can agrue that no birth certificate has been shown on his part.

    It does not matter what the state of Hawaii says. Obama just needs to simply get the certificat, which is something even the president can do and show it publicly. Boom, he does that all this crap is settled…. So why doesn’t he?

    I do believe this case is gunna be very hard to carry on due to the fact that we have no clue how to handle a situation like this. Never in U.S. history have we delt with this kinda thing and I do not believe we want to. Both sides can be argued either way but relize until this case is said and done nothing on this site can be taken as fact when speaking directly about Obama’s birth.

    Reply

  • Tracy said:
  • cayla said:

    THE JUDGE HAS NOT RULED YET. There are a number of conflicting articles published today saying the judge ruled for or against Obama. The bottom line is simple, no ruling has been handed down at this time. When the judge rules, this will have historical significance for all. I have heard this judge is a stickler for details and I believe he is double and triple checking his facts before ruling. A decision on a case like this that is eventually overturned could have career ending implications for this judge. I am sure that what ever his ruling, he is making sure that his backside is covered and covered well

    Reply

  • admin (Author) said:

    Tracy, cayla,

    The Judge ruled last night, as we’ve been reporting, dismissed the suit–and this is important–not on its merits, (though that did figure in, with the judge calling some of Berg’s claims “frivolous”–which in our opinion, they were), but because Berg had no standing to sue Obama in federal court, in the judge’s opinion.

    We’ve been saying that Berg would have standing problems.

    The judge agreed. We’ll see what develops.

    Thanks for both of you and everybody….for stopping by, reading and commenting.

    Reply

  • Blanco Basura said:

    Where is the official document for this ruling?

    http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/27/

    I read this but just like the post before mine they are conflicting.

    Reply

  • JamesT said:
  • Harvey Burns said:

    In the usa any legal voting american can at anytime ask for a presidentual canidate to provide proof of birth. The idea of standing is wether a legal voting american is asking. In the case of Barack Obama any legal voting american has this option and the court has no standing on this issue, since it is written into most state election rules. The problem with Obama is the Birth Certificate, or Certificate of Live Birth, A Birth Certificate is signed by the Doctor of birth, and the Certificate of Live Birth is issued to any child not born in a medical facility. So the question is was Obama really born in that clinic or born in Kenya, if he was born in that clinic then he would have a Birth Certificate, not a Certificate of Live birth and since it has been documented by the DNC, Obama, and others that Obama was born in the clinic then where is the Birth Certificate? Now I am just a farmer in the hills of WV, but Ive seen the Certificate of Live Birth from three sources and they all have one flaw, they are not from the period of time for Obamas Birth. At the time of Obamas birth all certificates were bought one at a time from a local stationary store and the paper water marks are not the same as on the copies presented. Second flaw under MGI inhancement you can clearly see information was removed and then replaced with Obamas info, the factory background coloring does not pass thru the Obama printed info, but does pass thru the factory print info. Also the computer eraser marks have left a white background under Obamas info. Now for the print, at the time of Obamas birth all info was typewriter written and these are not typewritten before copying. You see todays geeks are not educated in the use of low tech. and didn’t think about the time period. Now Obama and others have stated and written that Obamas father was present at the birth, only Obamas father never left Kenya until september of 1961, oops and his Kenya relitives have stated they were present when Obama was born, oops. So do you beleive people or paper! Now to throw a little mud into the mix, no american citizen can travel with a passport from another country. But Obama did and under a name other than Obama, also he attended Columbia as a foreign exchange student and spent his summers out of the USA under his foreign passport. This is clear info that he was not at the time an american citizen, but if you insist he is a citizen then he has committed a number of federal felones all of which prvent him from being president, since no one with a feloney can vote or hold the office of president. Now much of what I see on the web has been rewitten with omitions of Obamas past and since you have to take this web info with a grain of salt you can see that the geeks are busy covering up the truth. So the question is are you a legal voting american, if so you can request Obamas birth certificate, oops he has a Certificate of Live Birth!!!!

    Reply

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