Tallahassee Personal Injury Lawyer - citizenship lawsuit

U.S. Supreme Court Asked to Delay Presidential Election

Brian W. Smith — Fri, 31 Oct 2008 00:33:47 GMT

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.

According to a press release from attorney Philip J. Berg, he filed a request with the United States Supreme Court on Thursday afternoon, for an injunction staying the presidential election until the Supreme Court determines whether Barack Hussein Obama is eligible to be President of the United States.

According to Mr Berg, he has filed two documents:

Application for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
Petition for Writ of Certiorari.

Berg stated, “I am hopeful that the U.S. Supreme Court will grant the Injunction pending a review of this case to avoid a Constitutional Crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation, that Obama be removed from the ballot for President".

Berg’s original lawsuit, Berg vs. Obama, was dismissed by the United States District Court for the Eastern District of Pennsylvania last Friday, for lack of standing. Berg questions the logic of the District Court's decision:

"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?"

Mr. Berg has stated that if Barack Hussein Obama will produce a certified "vault" birth certificate, a copy of his Certificate of Citizenship and a copy of his Oath of Allegiance to the United States, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to comply with Mr. Berg's request.

With the presidential election a mere five days away, the Supreme Court will need to act quickly. It is unknown whether Berg asked for an emergency hearing.

Originally posted at InjuryBoard by Brian W. Smith

Judge: Citizen Has No Right to Question Eligibility of Presidential Candidate

Brian W. Smith — Wed, 29 Oct 2008 14:58:35 GMT

Last Friday, a Federal District judge in Pennsylvania dismissed a lawsuit that questioned Barack Hussein Obama's eligibility to be President of the United States. Philip J. Berg, a Philadelphia lawyer had filed suit against Barack Hussein Obama, challenging Senator Obama’s lack of “qualifications” to serve as President of the United States. In his lawsuit, Mr. Berg 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 she and Obama 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 actually born in Kenya and not Hawaii.

The District Court's opinion raises an interesting legal question: Does a citizen have a right to challenge the eligibility of a candidate for President of the United States? Judge R. Barclay Surrick ruled that Mr Berg did not have "standing" (or the right to bring the suit) because he had not suffered an "injury in fact" and that the potential harm caused to Mr. Berg is generalized and abstract. Mr Berg questions the logic of the decision:

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?.....What happened to ‘...Government of the people, by the people, for the people?"

Berg's lawsuit is not the only one filed, challenging Obama's eligibility. There are apparently as many as 8 lawsuits currently pending. According to one source, Senator Obama's wife does not believe that the courts will disqualify him. She is quoted as follows:

"My husband and I know that there is no law that will stop him from becoming the president, just because some American white racists are bringing up the issue of my husband’s adoption by His step father."

Mr Berg has vowed to appeal the issue to the United States Supreme Court, but with less than a week left before the election, time is running out for a pre-election decision.

Originally posted at InjuryBoard by Brian W. Smith

Obama Citizenship Lawsuit Headed to U.S. Supreme Court?

Brian W. Smith — Sat, 25 Oct 2008 23:48:35 GMT

Philip J. Berg, the lawyer who filed suit against Barack Hussein Obama, challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court.

Yesterday, Judge R. Barclay Surrick dismissed the suit brought by Berg, ruling that Berg did not have standing to bring the suit. In his lawsuit, the Plaintiff, 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.

Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court. 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?.....What happened to ‘...Government of the people, by the people, for the people?"

Berg's lawsuit is not the only one filed, challenging Obama's eligibility. There are apparently as many as 8 lawsuits currently pending.

In Honolulu, Andy Martin, a longstanding critic of Mr. Obama, filed a lawsuit, asking the Hawaiian Department of Health to release Mr. Obama's birth certificate records.

In the state of Washington, Steven Marquis, a resident of Fall City, Wash., a town about 30 miles southeast of Seattle, has filed a lawsuit against Washington Secretary of State Sam Reed, demanding that Mr. Reed verify Mr. Obama's citizenship status. The complaint seeks specifically that the office of the Washington Secretary of State verify and certify that Mr. Obama is or is not a "natural born" citizen by producing original or certified verifiable official documents. The lawsuit argues that this certification should take place before the election to preclude a constitutional crisis.

The interesting question to be possibly answered by the U.S. Supreme Court is whether voters, whether Republican, Democratic or Independent, have a right, under the Constitution, to challenge the eligibility of a presidential candidate. Hopefully, if that question is to be addressed by the Supreme Court, it will be decided before the election on November 4.

Originally posted at InjuryBoard by Brian W. Smith

Internet Rumors Fueled by Obama Citizenship Lawsuits

Brian W. Smith — Fri, 24 Oct 2008 12:28:00 GMT

Despite rumors circulating on the internet, a decision has not been reached by the judge in the lawsuit pending against Barack Hussein Obama in Federal Court in Philadelphia.

Judge R. Barclay Surrick is pondering a number of motions from both sides, but has yet to rule.

Several web site and blog posts have claimed that the judge entered an order, ruling in favor of the Plaintiff and has ordered Obama to cease and desist campaigning for President. Others have claimed that Obama has admitted the allegations of the lawsuit by failing to respond to Request for Admissions filed by the Plaintiff. The confusion appears to be caused by the “proposed” orders that are typically attached to a motion, when filed by a party. When the Plaintiff in the Philadelphia case, Philip Berg, filed a motion asking the court to determine that Obama admitted the allegations of the lawsuit by not responding, he attached a proposed order. If that order is signed by the judge, it would have the result that is being spread through the internet. Until that point, no ruling has been made.

The Berg lawsuit alleges 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.

Other internet blogs and stories have circulated suggesting that Barack Hussein Obama's sudden trip to Hawaii is in response to the lawsuit filed on October 17 in Hawaii and not related to the health of his grandmother. Earlier this week, Obama announced that he was suddenly suspending his campaign to fly to Hawaii to visit his gravely ill grandmother. That announcement came shortly after Andy Martin, a longstanding critic of Mr. Obama, filed the lawsuit in Hawaii, asking the Hawaiian Department of Health to release Mr. Obama's birth certificate records to prove that he is a natural born citizen. Obama's campaign has denied the claim that the trip is related to the lawsuit.

The parties (and the country) continue to await decisions by the judge in the Berg case.

The parties (and the country) await decisions by the judges in these cases. See affliated blogs on this subject at this link, this link, this link and 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

Originally posted at InjuryBoard by Brian W. Smith

Second Citizenship Lawsuit Filed Against Barack Obama

Brian W. Smith — Wed, 22 Oct 2008 13:40:27 GMT

A second lawsuit has been filed against Democratic presidential nominee Sen. Barack Obama over his lack of evidence of U.S. citizenship.

Steven Marquis, a resident of Fall City, Wash., a town about 30 miles southeast of Seattle, has filed a lawsuit against Washington Secretary of State Sam Reed, demanding that Mr. Reed verify Mr. Obama's citizenship status. The complaint seeks specifically that the office of the Washington Secretary of State verify and certify that Mr. Obama is or is not a "natural born" citizen by producing original or certified verifiable official documents. The lawsuit argues that this certification should take place before the election to preclude a constitutional crisis.

Mr. Marquis argues the secretary of state has the authority and duty to not only certify the voters but also and most importantly the candidates and in so doing prevent the wholesale disenfranchisement of voters who would had had an opportunity to choose from qualified candidates had the certification preceded the election process.

Mr. Marquis' lawsuit is the second to be filed seeking proof that Mr. Obama is a U.S. citizen qualified to run for the office of U.S. president. Philip Berg, an attorney who wants Mr. Obama to produce his original birth certificate, filed another suit in Pennsylvania earlier this year.

"At this point, Mr. Obama has not allowed independent or official access to his birth records nor supporting hospital records," wrote Mr. Marquis in a statement. "The Hawaii Health Department has violated Federal law by ignoring formal Freedom of Information requests for the same. Due to the facts and numerous other allegations that would challenge Mr. Obama's fundamental qualifications for office, a Federal lawsuit was filed and is currently being heard in District Court, Pennsylvania."

The Pennsylvania case is being heard by Judge R. Barclay Surrick, who has not made any ruling in the case.

The Washington lawsuit demands injunctive relief directing Mr. Reed to carry out the duty of his office in this regard answering the formal complaints for verification of Mr. Obama and any other candidate appearing on the ballots issues through his office for which formal complaints have been received. The State of Hawaii has refused to release copies of Mr. Obama's birth certificate, because the privacy statutes of the state prevent them from doing so.

In Honolulu, Andy Martin, a longstanding critic of Mr. Obama, filed a lawsuit on Oct. 17, in an attempt to get the Hawaiian Department of Health to release Mr. Obama's birth certificate records.

"One of Mr. Obama's most controversial and contentious issues that he has allowed to fester for years is the question of his birth certificate," said Mr. Martin in a statement. "Mr. Obama has posted at least two versions, maybe more, of a 'certificate' on the Internet. "I want to see a certified copy issued by the State of Hawaii, not one issued by the State of Mr. Obama," he continued. "Why Mr. Obama won't allow direct access to his birth records is beyond me. But the closer we get to discovering the truth about Mr. Obama the more we understand why he is terrified of that truth."

According to the U.S. Constitution, "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 35 years, and been 14 years a resident within the United States."

The parties (and the country) await decisions by the judges in these cases. See affliated blogs on this subject at this link and this link and 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

Originally posted at InjuryBoard by Brian W. Smith

Obama Files Motion in Citizenship Lawsuit

Brian W. Smith — Tue, 21 Oct 2008 11:34:45 GMT

Attorneys for Barack Hussein Obama filed a motion in Federal Court in Pennsylvania on Monday, asking the court to dismiss the Amended Complaint filed by Philip J. Berg. The lawsuit filed by Berg challenges Obama's eligibility to take the office of the President of the United States. The motion to dismiss filed by Obama and the Democratic National Committee, echoes Obama's prior 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.

Mr. Berg has stated that if Barack Hussein Obama will produce a certified "vault" birth certificate, a copy of his Certificate of Citiizenship and a copy of his Oath of Allegiance to the United States, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to comply with Mr. Berg's request.

The parties (and the country) await a decision by Judge R. Barclay Surrick on the motions to dismiss and a motion to block discovery, filed by Obama.

See affliated blogs on this subject at this link and 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

Originally posted at InjuryBoard by Brian W. Smith

Barack Obama Seeks To Block Discovery in Citizenship Lawsuit

Brian W. Smith — Fri, 10 Oct 2008 10:01:30 GMT

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."

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

Originally posted at InjuryBoard by Brian W. Smith