Suit Tossed

So much for Phil Berg's lawsuit to get Barack to prove that he was born in the U.S. The court has tossed the suit, saying that Berg is an unsuitable plaintiff.

A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.

U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency. Berg claimed that Obama is either a citizen of his father's native Kenya or became a citizen of Indonesia after he moved there as a boy.

Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."

It seems odd from the perspective of a non-lawyer. Wouldn't any American citizen have a vital, first hand interest in making sure that presidential candidates are qualified to be president?

Obama was born in Hawaii to an American mother and a Kenyan father. His parents divorced and his mother married an Indonesian man.

Internet-fueled conspiracy theories question whether Obama is a "natural-born citizen" as required by the Constitution for a presidential candidate and whether he lost his citizenship while living abroad.

Certifiable?

Where was Barack born? In response to many requests for more news on the controvery, here's an update.

On September 29, 2008 Pennsylvania attorney Philip J. Berg, filed a response to a motion to dismiss by defendant Barack Obama who was joined in his effort to quash Berg's lawsuit by the Democratic National Committee, claiming it has no standing to proceed.

Berg argued in the brief response that he has provided the precedents which establish the standing and petitioned US District Court Judge R. Barclay Surrick of the Eastern District of Pennsylvania to pursue the case. In his Sept. 29 filing, Berg said: "Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama's eligibility through subpoenas to the government entities and the hospital's in Hawaii. To date, Plaintiffs and two of (2) the locations, which subpoenas were served upon, refused to honor the subpoenas.

"For the above aforementioned reasons, Plaintiff respectfully request Defendants and the Democratic National Committee's Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery (the unsigned order requiring Obama to produce..." within three (3) days{

1. Obama's "vault" version (certified copy of his "original" long version) birth certificate; and
2. a certified copy of Obama's Certificate of Citizenship;
3. a certified copy of Obama's oath of allegiance."

The certified copy of the citizen of the world's "oath of allegiance" to the United Sates is a document attesting to the fact that the newly "naturalized" citizen (usually an immigrant who has just been granted citizenship) or for native born Americans who have forfeited or otherwise surrendered their citizenship, and have requested reinstatement at their majority, usually 18, has sworn allegiance to the United States and its Constitution.

In this filing, Berg argued that he has legal standing to bring suit against Obama—and the DNC—pursuant to 5 USC §702; 524 US 11 (1998); 8 USC §148(b); 5 USC §552(B); 28 USC §1343 and also standing pursuant to Federal Question Jurisdiction. Berg rightfully claimed he has suffered "...the kind of injury that Congress expected might be addressed under the statute..." since the issue of where Obama was born with conflicting birth certificates and conflicting claims of what hospital Obama was born in—with Obama's own family members claiming he was born at three different hospitals in two countries.

In his lawsuit, Berg demanded a copy of Obama's Certificate of Citizenship, a document Obama needed for to regain his citizenship—which was lost in Indonesia. He will have that document only if the proper paperwork was filed with the US State Department when Obama returned to Hawaii in 1971 since that is the only way Obama could regain his US "natural born" status. Berg is convinced that Obama was never naturalized in the United States after his return. Obama returned to his maternal grandparents in Hawaii without his mother. Since she is the only one who could have filed for the reinstatement of his citizenship, it is unlikely it ever happened. If it did, his Certificate of Citizenship would affirm his right to seek the office of President. Without it, Barack Obama is just another resident alien who can't even legally hold his seat in the US Senate. if I was in the Republican National Committee, I would be joining Philip Berg with the full force, and pocketbook, of the GOP.
By Jon Christian Dryer
October 7, 2008
NewsWithViews.com
© 2008 Jon C. Ryter - All Rights Reserved

Barry Soetoro

Indonesian school registration for "Barry Soetoro" (AP photo)

JERUSALEM – Was Sen. Barack Obama a citizen of Indonesia at any point in his life?

Does that question represent a vicious slur, or the legitimate investigation of curious Americans, eager to know more about a man who hasn't been through the normal presidential vetting process?

That question has been circulating on the blogosphere with increased fury the past few days, ever since a photograph emerged of Obama's school registration papers as a child in Indonesia – the world's most populous Muslim nation – showing the presidential candidate listed as a "Muslim" with "Indonesian" citizenship.

What if it's true that Barack once had Indonesian citizenship? It doesn't concern me, in particular. What does concern me is the Democratic attack machine's determination to portray those who are curious as hate mongers.

An investigation into Indonesian citizenship law and a review of Obama's biography and travels suggest the Illinois senator at one point may have been a citizen of Indonesia. That would not necessarily disqualify Obama to run for president, but it could raise loyalty concerns.

Let's get an accurate picture of the newcomer to the national scene, and let Americans make their own decisions about what's important and what isn't.

A 2007 Associated Press photograph taken by Tatan Syuflana, an Indonesian AP reporter and photographer, surfaced last week on the Daylife.com photographic website showing an image of Obama's registration card at Indonesia's Fransiskus Assisi school, a Catholic institution.

In the picture, Obama is registered under the name Barry Soetoro by his step-father, Lolo Soetoro. The school card lists Barry Soetoro as a Indonesian citizen born on August 4, 1961 in Honolulu, Hawaii. His religion is listed as Muslim.

Obama zealots are obviously concerned about Barack's background being known, as they foam at the mouth over attempts to reveal it.

After attending the Assisi Primary School, Obama was later enrolled at SDN Menteng 1, an Indonesian public school.

Obama's campaign did not return repeated WND phone calls and e-mail queries the past week asking for a clarification regarding the school documentation listing the presidential candidate's citizenship as Indonesian.

As Hillary's chief strategist advised her in memos that became public last week, Barack's foreignness is not all good news for his campaign.

"It also exposes a very strong weakness for him -- his roots to basic American values and culture are at best limited. I cannot imagine America electing a president during a time of war who is not at his center fundamentally American in his thinking and in his values," Penn wrote.

The quicker all this stuff is on the table, which the Obama campaign could expedite, the sooner the conversation can move to issues, where Democrats claim to want it to be.

Obama spokesmen have in the past stated the candidate is a natural-born citizen amid rumors he may have been born in his father's home country of Kenya, but the campaign has not addressed whether Obama became a citizen of Indonesia at any point.