July 2, 2009
Phil Berg has put out a press release concerning his recent case [Berg vs. Obama, U.S. District Court, Case No. 08-cv-1933] that was “dismissed with prejudice”. It was initially a sealed case and was heard behind closed doors. It became unsealed once the judge dismissed it. The case was based on whether barry had defrauded the US Treasury by cashing his paycheck as a senator — since Berg alleges barry is not a citizen of the US — and therefore did not meet the requirement to be senator. Berg used the False Claim Act (aka Qui Tam):”When a person has knowledge that another party has obtained money from the Government based on a false claim.” It’s usually used in reference to Medicaid/Medicare fraud.
Holder kept delaying, no discovery was allowed, and it was dismissed. Berg evidently raised the issue of conflict of interest back then but it seemed not to have mattered, which is why I don’t understand the filing of a “motion for reconsideration”. Berg alleges the conflict of interest is personal (Holder gives barry advice and was a campaign advisor and part of the VP search committee) as well as financial (paycheck) backing it up with Constitutional statutes. I’m not sure how this is going to be allowed to proceed — I was under the impression that “with prejudice” meant he could no longer pursue it. I guess this is considered an appeal.
*Interesting factoid I was not aware of – barry never resided at the address on the birth announcement.
Immediate Release: – 07/02/2009 [emphasis and spacing added]
U.S. Attorney General Eric Holder; his Staff; and the United States Department of Justice to which he Over-Sees Violated the Code of Federal Regulations as well as Federal Criminal Laws Pertaining to their Conflict-of-Interest in Berg’s Qui Tam Case [False Claims Act] against Barry Soetoro a/k/a Barack H. Obama and Berg has filed a Motion for Reconsideration.
(Washington, DC – 07/02/2009) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of Constitutional “qualifications/eligibility” to serve as President of the United States and his cases that are still pending in Federal Court, Berg vs. Obama [Third Circuit Court of Appeals No. 08 – 4340]; this case - Berg as Relator v. Obama; [U. S. District Court for the District of Columbia No. 08-cv-01933]; and Hollister vs. Soetoro a/k/a Obama, et al [U.S. Court of Appeals for the District of Columbia, No. 09-5080]; announced today that he filed a Motion for Reconsideration in the Qui Tam [False Claims Act] Case filed in the U.S. District Court, District of Columbia as United States Attorney General Eric Holder and his Office have a Conflict-of-Interest and inasmuch violated both the Federal Regulations as well as Federal Criminal Codes. U.S. Attorney General Eric Holder, his Office, his Staff and the United States Department of Justice are required to uphold and ensure our laws; the laws of the United States are upheld and enforced.
Article II, Section 3 of the U.S. Constitution states:
“The Constitution entrusts the Executive with duty to take Care that the Laws be faithfully executed.”
PHIL BERG:
The request of the Government to Dismiss his Qui Tam action against Barry Soetoro a/k/a Barack H. Obama is in clear violation of the U.S. Attorney General’s duties pursuant to Article II, Section 3 and should ‘NOT’ be allowed.
I furnished the Government and the Court with the information as to Barry Soetoro a/k/a Barack Hussein Obama’s legal name, which is Barry Soetoro and his citizenship status as Indonesian; I furnished sworn Affidavits showing Barry Soetoro a/k/a Barack Hussein Obama was born in Mombosa, Kenya; I presented evidence that the Certification of Live Birth [COLB] presented on the internet by Barry Soetoro a/k/a Barack Hussein Obama has been deemed a forged and altered document; I presented evidence that the birth announcement filed in the Hawaiian newspapers regarding Barack H. Obama on or about August 13, 1961 could not be verified; I presented evidence Barry Soetoro a/k/a Barack Hussein Obama never resided in the address on the birth announcement; and I raised the genuine issues pertaining to Barry Soetoro a/k/a Barack Hussein Obama’s college records wherein Berg is informed, believes and therefore alleges Barry Soetoro a/k/a Barack Hussein Obama attended Occidental College in California and Columbia University in New York and Harvard Law School as a foreign student.
None of which have been refuted by the Government.
Instead of investigating the true issues, the Government through the United States Attorney General Eric Holder, his staff and the United States Department of Justice, who U.S. Attorney General Eric Holder also over-sees moved to Dismiss the Qui Tam action instead of upholding our United States Constitution and the very laws stated to protect “we the people” from any individual usurping the Office of the President of the United States.
Berg’s Qui Tam was regarding the U.S. Senator Position from Illinois held by Barry Soetoro a/k/a Barack H. Obama and the salary and benefits Obama drew based on fraudulent claims. This is a very unique situation as Barry Soetoro a/k/a Barack Hussein Obama is now our acting President of the United States. President Obama appointed Eric Holder for the position of the United States Attorney General and Mr. Holder reports directly to President Obama. This creates a huge Conflict-of-Interest with anyone from U.S. Attorney General Eric Holder’s Office having any association with the Qui Tam matter against, now, President Obama.
There are Federal Statutory prohibitions and related regulations addressing Conflicts-of-Interest on the part of present officers or employees of the Federal (and in some instances of the District of Columbia) government.
The Code of Federal Regulations (CFR), 5 CFR § 2635, et seq. and 5 CFR § 2640, et seq. governs Governmental Employees, including U.S. Attorney General Eric Holder and his staff.
5 CFR § 2635.101 states in pertinent part,
“(a) Public service is a public trust. Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain.
In addition to the standards of ethical conduct set forth in the Code of Federal Regulations, there are Conflict-of-Interest statutes that prohibit certain conduct. Criminal Conflict-of-Interest statutes of general applicability to all employees, 18 U.S.C. §§ 201, 203, 205, 208, and 209, are summarized in the appropriate subparts located in these chapters and must be taken into consideration in determining whether conduct is proper.
As to the restrictions on Conflicts-of-Interest during government service, only Section 208 is illuminated by formal regulations, which are found in the Code of Federal Regulations (CFR).
5 CFR. § 2640.103 “Prohibition” states:
“(a) Statutory prohibition. Unless permitted by 18 U.S.C. 208(b) (1)–(4), an employee is prohibited by 18 U.S.C. 208(a) from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he or any other person specified in the statute has a financial interest, if the particular matter will have a direct and predictable effect on that interest. The restrictions of 18 U.S.C. 208 are described more fully in 5 CFR 2635.401 and 2635.402.
PHIL BERG:
U.S. Attorney General Eric Holder has a financial interest as does his staff as they draw their income from the Government who is over-seen by Barry Soetoro a/k/a Barack H. Obama.
Eric Holder joined President Obama’s presidential campaign as senior legal advisor and also served as one of three [3] members on Obama’s vice-presidential selection committee. In December 2008, then President-elect, Obama asked Eric Holder to serve in his cabinet as the U.S. Attorney General. Mr. Holder was appointed by President Obama and now serves as the United States Attorney General; is the head of the United States Department of Justice and United States Attorney General’s Office. Eric Holder is paid by the United States Government and reports directly to President Obama. Eric Holder has a direct financial interest in that he draws a salary based on his position as United States Attorney General. This Conflict-of-Interest goes beyond financial. The United States Attorney General is the Chief Law enforcement officer of the Federal Government and represents the United States in legal matters and gives advice and opinions to the President of the United States.
[Conflicts-of-Interest include but are not limited to a financial interest; a personal interest; improper business practices; etc.]
It is clear U.S. Attorney General Eric Holder and the staff in which he supervises have a huge Conflict-of-Interest as they have financial interests as well as personal interests which limits them from doing their job as required pursuant to the United States Constitution and therefore, Attorney General Eric Holder should recuse himself and/or designate Relator Philip J. Berg to proceed.
I am not giving up and am continuing my legal fight to prove Obama is not constitutionally qualified/eligible to be President of the United States. I am proceeding for the 305 + million people in ‘our’ U.S.A., for ‘our’ forefathers and for the 1.5 million men and women that have died defending our Constitution in the many wars over the years and the 1.5 million men and women who were injured in those wars
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