Barack Obama Seeks To Block Discovery in Citizenship Lawsuit

Brian W. Smith
Brian W. Smith
Contributor
Posted by Brian W. SmithOctober 10, 2008 10:01 AM

DISCLAIMER: The author is a registered Independent and does not have an opinion as to the truth and/or veracity of the allegations of the lawsuit referenced in this blog or the information contained at the web sites cited.

In a lawsuit styled Berg v. Obama, lawyers for Barack Hussein Obama have filed a Motion for Protective Order, seeking to block discovery until his motion to dismiss is ruled on by the court. The Motion for Protective Order filed by Obama and the Democratic National Committee, asks the court to issue a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."

In his lawsuit, the Plaintiff, Philip J. Berg, a Philadelphia attorney, alleged that Defendant Barack Hussein Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old, to regain his U.S. citizenship status. The lawsuit raises not only the Indonesian citizenship issue but also questions whether Obama was a citizen of Kenya.

The motion to block production of documents is just the latest in a series of filings in the case, but has become a focal point of the suit. According to a web site maintained by the Plaintiff, the Plaintiff requested that three documents be produced by Obama:

1. a certified copy of Obama’s “vault” (original long version) Birth Certificate;

2. a certified copy of Obama’s Certificate of Citizenship; and

3. a certified copy of the Oath of Allegiance taken by Obama at the age of majority.

Mr. Berg asserts that if Barack Hussein Obama will produce the above documents and prove his eligibility for the Office of the Presidency, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to produce these documents to Mr. Berg.

See an affliated blog on this subject at this link

UPDATE: Brian Smith has been asked to appear on Roy King's radio show this afternoon (Saturday) at 4:30 Eastern, to discuss the Berg lawsuit and these blogs.

The show can be heard at this link: http://www.newstalk980.com/personality/roy-green

33 Comments

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OldGaDawg
Posted by OldGaDawg
October 10, 2008 1:05 PM

This case should be allowed to proceed and if the documents in question can not or will not be turned over to the courts for verification of being legal documents then Obama should step down from being a candidate in running for President. This is stated in the U.S. Constitution that those running for the highest seat of this country should be a "Natural BORN native" of this country.

Bill
Posted by Bill
October 10, 2008 1:31 PM

The only one that is running for President that is not a "Natural Born Native" is McCain. That is a fact that can't be disputed. He was born in the Panama Canal Zone. No matter what the Senate pronounced they didn't change the Constitution.

The birth certificate from Obama has already been produced to independents that have verified it. Berg is blowing smoke in the wind. He has taken on other crappy cases and been admonished by the courts before for fraudulent claims. He is a disgruntled Clinton supporter is all. The judge that took this on was appointed by Bill Clinton.

Let Berg whistle Dixie.

wye
Posted by wye
October 10, 2008 1:51 PM

The "case" has significant factual and legal "holes." See More ... for more information.

See also prior post (and comments) on this case at More ...

mac
Posted by mac
October 10, 2008 2:12 PM

"The only one that is running for President that is not a "Natural Born Native" is McCain. That is a fact that can't be disputed. He was born in the Panama Canal Zone. No matter what the Senate pronounced they didn't change the Constitution."

wye
Posted by wye
October 10, 2008 2:38 PM

Re: McCain. Although I think that both "sets" of claims are rather silly, the Michigan Law Review recently published an online symposium addressing this issue. For the "geeks" here (I include myself) interested, the articles are available here:
More ...
If/when that link no longer works, you can get a PDF of all four articles in the set here:
More ...

nickrud
Posted by nickrud
October 10, 2008 2:52 PM

Regarding his mother (possibly) losing her citizenship by marrying, and then declaring that Obama was an Indonesian citizen, the relevant law makes it clear that she can't unilaterally revoke his citizenship. The following law, in effect in the 60's, trumps any Indonesian law (I would hope) covering American Citizenship:

"A person having American nationality, who is a minor and is residing in a foreign state with or under the legal custody of a parent who loses American nationality under section 404 of this Act, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign state: Provided, That, in such case, American nationality shall not be lost as the result of loss of American nationality by the parent unless and until the child attains the age of twenty-three years without having acquired permanent residence in the United States."

That's the law as it was in the early 60's:

More ...

The law as it is now: More ... .

So, since no one disputes that Obama made the US his permanent residence well before (something like 15 years, I think) his 25th birthday it makes no difference what his parents/step parent did in Indonesia.

On the point of his birthplace, as best I can tell only the lunatic fringe is still holding that he was born in Canada or Kenya or some such.

tony
Posted by tony
October 10, 2008 5:59 PM

If this nation votes for Barack Obama it will seal our fate; and show the God we no longer trust - that we have lost our judgement, forgotton our mandate, and will forfeit the blessings/protection that are (not so) slowly slipping away (or haven't you noticed? A depression IS coming, and whoa to those who do not realize that it is the result of our national and personal SIN.

Anonymous
Posted by Anonymous
October 10, 2008 6:10 PM

This is blog posting is non-news and on par with what McCain and Palin have been saying and condoning at their rallies.

Also, some of these comments are ridiculous, especially Tony's. I'd say his are "Religulous!"

OldGaDawg
Posted by OldGaDawg
October 10, 2008 6:46 PM

Posted by OldGaDawg
Friday, October 10, 2008 1:05 PM EST


This case should be allowed to proceed and if the documents in question can not or will not be turned over to the courts for verification of being legal documents then Obama should step down from being a candidate in running for President. This is stated in the U.S. Constitution that those running for the highest seat of this country should be a "Natural BORN native" of this country.
.................................................

More ...

ALL INFORMATION TO THE BIRTH CERTIFICATE IS FALSE.

Dave
Posted by Dave
October 10, 2008 6:59 PM

Liberals are in a panic. Just look at the comments above this one! Are you Libs saying that you want to change the Constitution on-the-fly to allow foreigners to be our President!?!?

I have no problem providing my proof of birth location, why should any other honest American?

By the way, Philip Berg is a Democrat supporter of Hillary Clinton. He is also a lifetime member of NAACP.

Every American should be concerned to hear the truth, regardless of the outcome.

tunes59
Posted by tunes59
October 10, 2008 7:42 PM

Below is a petition someone started to get Congress to settle the Berg lawsuit by having Senator Obama present the records requested. Read these comments and tell me it is not a story! The real story is why Obama is fighting the case and not just producing the documents.

Here is the link to the petition;
More ...

So far Mr. Obama has refused to produce the documents and is trying to fight the court order to produce the documents.
Any American should be able to prove citizenship in less than a day. Why can’t Mr. Obama?

Please petition congress

Sniper
Posted by Sniper
October 10, 2008 10:05 PM

No brainer! If you have nothing to hide, then produce the documents. Holding up the process only raises doubt. Once the documents are opened, everyone goes their own way and no harm done!

Question Assumptions
Posted by Question Assumptions
October 11, 2008 1:25 AM

This 2007 AP photo of Barack Obama's registration from the Fransiskus Assisi school in Jakarta, Indonesia (under the name Barry Soetoro) shows Barack Obama's citizenship listed as "Indonesia" (line 3) and his religion as "Islam" (line 4):

More ...

Move along. Nothing to see here.

Smitih
Posted by Smitih
October 11, 2008 1:28 AM

PROVIDE THE EVIDENCE, STOP TALKING JUST PRODUCE THE BIRTH CERTIFICATE AND THE CASE WOULD BE RULED OUT.

Curious Joe
Posted by Curious Joe
October 11, 2008 2:58 AM

The attempt at a motion to dismiss is very curious, but the attempt to place a stay on discovery is absolutely extraordinary and implictly unpatriotic. These acts themselves put Obama's qualifications to enter the race at question itself! Unless you are a diehard Chomskite, the Rule of Law is the only real sacred thing we have politically and socially - without it there's anarchy. Can you imagine the ramifications to discover after the election, if Obama wins, that he is not entitled to the position? If you think a 700 point drop in the dow was worrisome, how would you feel about a 3700 point drop? How would you feel, to have the rest of the world laugh at our inanity and lack of requisite diligence to the Rule of Law?

Jack Salley
Posted by Jack Salley
October 11, 2008 1:38 PM

Berg vs. Obama In Federal Court FACTS

Barack Hussein Obama’s mother was an American citizen before her marriage to Barack Hussein Obama, Sr. from Kenya.

In Mombassa, Kenya there is registered the birth of one Barack Hussein Obama, Jr. on the date when our Obama was born, Aug. 4th. 1961. His father's family all verify that his mother was in Kenya during his birth.

Berg vs. Obama, Civil Action No. 08-cv-4083. Attorney Philip J.Berg filed the lawsuit in the District Court for the Eastern District of Pennsylvania located in Philadelphia, Pa.

The Berg vs. Obama suit basically revolves around the location of Barack Hussein Obama's birth and his subsequent citizenship of Indonesia. Obama's mother, divorced from Obama's father, married a man from Indonesia named Lolo Soetoro, and the family relocated to Indonesia from 1967-71.

United States District Court Judge Barclay Surrick has ordered Barack Obama to immediately provide the court with a ‘vault’ form of his birth certificate ("Original" Long Form).

The Berg vs. Obama suit has been joined by the National Democratic Committee [NDC] on the side of Obama and seeks to have the suit dismissed alleging attorney Philip Berg lacks standing to bring the lawsuit.

Federal trial Judge Surrick will decide if the suit has “standing” to proceed or will be thrown out for lack of it.

The mainstream media has not informed the Country of the presence and details of the Berg vs. Obama lawsuit.

PRESIDENTIAL ELECTION: The Truth: Philip Berg's lawsuit [Berg vs. Obama] is the most significant action taken about the authenticity of Barack Obama's birth. If it can be proven that the birth certificate or any of the information that led to the birth certificate is fake and especially if Obama was born outside of the United States or any of its territories, his eligibility for the presidency will be gone.

By truthorfiction: More ...

JD
Posted by JD
October 11, 2008 4:01 PM

"If this nation votes for Barack Obama it will seal our fate"

JD
Posted by JD
October 11, 2008 4:01 PM

"If this nation votes for Barack Obama it will seal our fate"

JD
Posted by JD
October 11, 2008 4:02 PM

If this nation votes for McCain or Obama, it merely shows that we Americans are going to get the government that we deserve.

s.Perry
Posted by s.Perry
October 11, 2008 5:01 PM

What if Obama wins the election and he and Sen. Baden are sworn in. What if the Supreme Court later holds that Obama is not qualified to be president. (I assume appeals no matter who loses in the lower courts and that the swearing in will have already taken place....maybe). Who becomes president? The now-VP Baden? The now-loser McCain? What if McCain is incapacitated? Does Palin, his co-loser, become president? Is a new election held? Who is the candidate?

Just wondering.

Eddie
Posted by Eddie
October 11, 2008 7:48 PM

New video -- includes information about Internet-posted documents that are suppose to be Barack Obama's certified birth certificate.



DRC Member "John"
Posted by DRC Member "John"
October 12, 2008 2:54 AM

Dear American People,

Hello. I will not be giving you my real information, as it needs to remain secret - at least until after our plan is enacted. I am a Top Executive at the Democratic National Committee. I can tell you this. What you have have been suspecting is true - Barack Obama was not actually born in Hawaii. The document that we have provided him to show as his birth certificate is not authentic; it was created in our experimental laboratories at the DNC's World Headquarters in Saudi Arabia. This experimental lab - and, this may be quite shocking - this lab is where Barack Obama himself was also created, almost 48 years ago, as part of PROJECT FLAGBURN.

Yes, we had been trying for years, using the latest technology, to create the perfect candidate to enforce our liberal agenda. In the fall of 1960, we were finally successful, while experimenting with bubbling Argon gas through radioactive stem cells, in using recombinant DNA and artificial insemination to inject our carefully-crafted genetic material into an electronic womb. As it grew, we fed it nutrients infused with "Memory Cells" culled from the brainstems of famous left-wingers such as Adlai Stevenson, Bertrand Russell, and Ambrose Bierce - guaranteed to transmit our policies and doctrines into its growing brain. We radioactively stimulated the liberal centers of the brain and implanted radio-controlled microchips into its cerebellum.

Here at the DNC, we detest nationalism, pride, the Christian religion, and our troops. We have decided that a hybrid of Communism and Islam would be a much better system for our country. As PROJECT FLAGBURN grew up, we taught it to have these values as well. When the time was right, we entered it into politics, controlling its brain with our "Brain-Control Device". We also were responsible for 9/11 and other key events to ensure that George Bush has a low approval rating. Now, the time has come. Soon FLAGBURN will be voted in as the head of the most powerful country on earth. You will soon have a President named Barack Hussein Obama, and there is nothing you can do to stop it. As his first act, Barack Obama will issue the following executive orders:

1. All flags will be replaced with pictures of Barack Obama's face
2. All personal property and land of registered Republicans will be forfeit to the state
3. All churches, pictures of Jesus Christ, and religious iconography will be destroyed immediately. All mentions of the Christian religion will be punished by death
4. Everybody must wear a turban at all times and pray to Mecca 12 times a day
5. Arabic will now be the official United States language
6. The country will be renamed to The Islamic Communist Republic of Ameristan
7. All white people must issue public apologies to minorities for former misdeeds of their race. The jobs and money of Whites will be offered to blacks, muslims, and atheists as punishment.
8. White women will be offered as brides to black muslim men who get first priority of choosing up to ten wives. Whites will be put into forced labor camps for one year to show them what slavery was like
9. All heterosexuals must issue public apologies to gays and lesbians. In order to increase sensitivity to homosexual issues, they will be incarcerated for one month with a homosexual member of the same sex who is allowed to use them as seen fit.
10. Republicans will be branded with a R on their forehead and must kiss the buttocks of a liberal whenever requested to do so

I am only divulging this because there is nothing which can be done about it at this point. We initially saw Sarah Palin as an immense threat to our cause, but we have launched a huge and successful disinformational smear campaign against her which has neutralized her influences.

Prepare for your new leadership to begin on January 20!
DNC Top Executive "John"

CoCo Joe
Posted by CoCo Joe
October 12, 2008 6:09 PM

If Obi were American he would be headed to the nearest teleprompter with proof in hand...

Americans prove citizenship everyday. This simple task is too much for The One?

Please. Put Up or Get Out.

Kath
Posted by Kath
October 14, 2008 9:32 PM

Where are the checks and balances in our system when it comes to verifying the citizenship of our candidates? This produces serious concerns. We cannot allow someone to become president in violation of the US Constitution. That is a fundamental fact. By not producing the proof of his citizenship status, he's made me feel he is hiding something. If Obama has nothing to hide, then he should produce the documents proving he's a citizen, and let it go at that. If not, the courts and Congress need to intervene immediately.

Yadja
Posted by Yadja
October 15, 2008 8:19 PM

You got nothing to hide produce the Vault Certificate. What is the big deal. Just do it and stop all the hoopla. Right?

George
Posted by George
October 16, 2008 12:32 AM

Doesn't Mr B have a passport? You have to have a Birth Ceritfic to get one. Or does he just travel on Gov Buss that we pay for? I cant go to Mexico with out a Passport. Put up the stuff or get out.

Rog
Posted by Rog
October 24, 2008 12:21 AM

The funny part of this is I bet Senator Obama and the DNC are sandbagging the whole thing on purpose so Berg and other Repubic shills are tied up. They can't hatch any other chump schemes.

Really, why should Senator Obama "cooperate", so to speak? I wouldn't and I have all my citizen paper work. That type of tactic is done all the time in court. Let your opponents bankrupt themselves trying to fight you. In this case, let Berg and his pals at the RNC spend all their money and press capital with litigation that goes no where. Obama has millions, and millions.

For you Obama haters, I would never underestimate the Obama campaign. They are ultra savvy at dealing with this kind of smear mumbo jumbo.

jeff
Posted by jeff
October 24, 2008 1:42 AM

If this thing should be true, and lets all hope that it isn,t, no matter if we,re dems or rep. there will be rioting and hate that will make the LA riots and the 2000 election blush

Ross A. Sampson
Posted by Ross A. Sampson
October 24, 2008 4:03 PM

You cats are nuts! It's going to be ok, this is not the end of the world. A black guy being president does not mean its over. Honestly, a paint brush with a hat should be able to defeat the republican under the circumstances. So please everyone, calm down. Your president will be this dude. Hate him or love him, it can't be as bad with Obama as the last 8 yrs with W. Is his color so importaint that you guys rage can't get you passed this psycological hurdle.

He may win, (I'll believe it when I see it, with these types of lawsuits and some of the fringe actions on the campaign trail, and the fact that this is still America, talk to me Nov. 5th), but if this is sooooooooo scary, would more Bush be better?

wye
Posted by wye
October 25, 2008 12:30 PM

According to Jeff Schrieber at www.America'sRight.com, and The Philadelphia Daily News, the Court has dismissed Berg's complaint, supported by a 34-page memorandum.
The Philadelphia Daily News reports that
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."
(Emphasis added).
Jeff, at www.America'sRight.com reports that Surrick expressed dissatisfaction with the type of "evidence" Berg provided to support his allegations. From the Court's opinion: ".... To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. ..."
Jeff reports that Surrick also noted Berg's misinterpretation of the Federal Rules of Civil Procedure.
=========
Jeff also notes that Berg "will issue a press release today detailing his plans to appeal to the Third Circuit Court of Appeals and then to the United States Supreme Court."

Philly link: More ...

Richard
Posted by Richard
October 26, 2008 5:13 AM

Any reasonable response to this lawsuit would be to show evidence of his citizenship to the court and the lawsuit would be dismissed.

Failure to produce the evidence lends serious doubt to the credibility of Barrack Hussein Obama.
We have already seen this man's reaction to criticism about him or his policies as being nothing more than pure racism. His campaign is just starting to be broken apart from his relationship with ACORN, Ayers, Rezko, etc...

It goes to the character of the person running for president. If any reasonable person looked at the lack of information available to the voters regarding this man, he would never get elected. Barack Hussein Obama, if elected, will be the most investigated President in history, dwarfing the previous record held by Bill Clinton.

mary d
Posted by mary d
October 27, 2008 12:31 AM

wye
Posted by wye
October 31, 2008 7:58 PM

STATE DECLARES OBAMA BIRTH CERTIFICATE GENUINE

More ...

"HONOLULU – State officials say there's no doubt Barack Obama was born in Hawaii.

Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama's certificate be handled differently.

She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest."
------------------

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