UPDATE 1: Berg vs Obama

October 29, 2008
Obama's eligibility to be president of the United States

Ok I found the update. The judge dismissed the case on Friday 10-24-08. And where was barry? Hawaii. Far far away if the judge ruled the case had merit. He said Berg had no standing to file the lawsuit and dismissed it. Berg has filed an appeal. The most curious (and most ridiculous) part of the ruling was the judge's incredulity that this would be an issue after the primary when he said Obama was "excessively vetted". I guess the judge watches MSNBC & CNN and never steps into cyberspace. Has to be obamerized. No one else would say such a ridiculous thing and certainly not use the word "excessively". No way he was going to rule on that anyway. Love how the DNC has been hand in hand with Barry. Only one question: why won't barry produce the documents? He is being sued in Hawaii as well. Andy Martin filed (10-17-08) a lawsuit against the State of Hawaii to require the state to open Obama's birth records. The Governor and Director of the Department of Health are named as defendants.

Dismissal of Berg's lawsuit per WorldNetDaily's DREW ZAHN. Case was dismissed - the ruling - ordinary citizens can't challenge whether the candidate meets the constitutional requirements and it seems Congress is the only one who can. Read the article in full for the legal technicalities. It was dismissed based on a similar lawsuit about McCain's eligibility since he was born in Panama Canal Zone. Key being McCain's father was in the military and he was born of two United States citizens on a US military installation. Not the same with Obama. His father was not an American citizen and Berg asserts that Obama was born on Kenyan soil. (Emphasis added)

DREW ZAHN: In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Surrick defers to Congress, saying that the legislature could determine "that citizens, voters, or party members should police the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.

One would think that a man who claims he has good judgment and is transparent and above the fray would have enough integrity to settle the matter by producing the document. If The American People can not trust him to tell the truth about himself how can he be trusted on anything? How many lies does he have to spout before his "judgment" is questioned?

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.

If anything were actually to be proven - I'm sure there'd be an amendment to the constitution.

Surrick did not rule on the birth certificate controversy, though he did express skepticism over the notion that a foreign-born Obama would have escaped the primaries without being discovered.

"Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted," Surrick states, "and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."

He didn't even bother to do any research. He must have taken for granted the press did their job - they didn't. What does this say about the integrity of our judicial system? First the DNC, then the MSM and now the Court. What's left? Nanci Pelosi? The president?

Surrick concludes, "The alleged harm to voters stemming from a presidential candidate's failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury."

Berg told America's Right that even if he technically can't hold Obama accountable to the Constitution, someone should. He plans to appeal his case to the Third Circuit Court of Appeals and then to the United States Supreme Court.

Who's that "someone"? Mrs Madelyn Dunham? His sister, Maya Soetoro-Ng? His grandmother Sarah in Kenya? Mrs Obama? Truth would be the CHANGE! I could believe in.

See more from KENNETH TIMMERMAN at Newsmax (10-24) article about the court ruling and birth certificate. Philip Berg's website. Next he appeals to the Third Circuit Court of Appeals and then to the United States Supreme Court.