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By Jon Christian Dryer
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 Obama "Birth Flap" was not of Berg's making. It began in June when National Review's Jim Geraghty raised the question and asked the Obama Campaign to release a copy of his birth certificate in order to prove that he actually was born in the United States. (Reports had previously surfaced claiming that Obama's Kenyan grandmother, Sarah Hussein Obama, told reporters that Obama was not born in Hawaii, but in Kenya. She also reportedly told reporters that when her son, Barack Hussein Obama, Sr. returned to Kenya he was accompanied by his pregnant white wife who was close to term.)
Obama's family did not take to Stanley Ann Dunham Obama very well, because she was white, according to Sarah Obama. Shortly after she arrived in Kenya Stanley Ann decided to return to Hawaii because she later said, she did not like how Muslim men treated their wives in Kenya. However, because she was near term the airline would not let her fly until after the birth of her baby. Obama's grandmother said the baby—Barack Hussein Obama, Jr.—was born in Kenya and that shortly after he was born, Stanley Ann returned to Hawaii.
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FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE :
:
Plaintiff :
vs. : CIVIL ACTION NO.
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA , a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE ::
Defendants :
COMPLAINT FOR DECLARTORY AND INJUNCTIVE RELIEF
PRELIMINARY STATEMENT
1. Article II, Section I of the United States Constitution, states in particular part, “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 thirty five Years, and
been Fourteen Years a Resident within the United States.” Furthermore, all Presidents
since and including Martin Van Buren were born in the United States subsequent to the
Declaration of Independence.
2. “The general doctrine of our Constitution is, that the executive power of the nation is
vested in the President; subject only to the exceptions and qualifications, which are
expressed in the instrument.” 7 Works of Alexander Hamilton, J. C. Hamilton ed. (New
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York: 1851), 76, 80–81 (emphasis in original), U.S. Constitution, Article II (Hamilton and
Madison.)
3. Obama is a representative of the Democratic People. However, the Obama must meet the
Qualifications specified for the United States Office of the President, which is he must be
a “natural born” citizen. Unfortunately, Obama is not a “natural born” citizen. Just to
name one of the problems, Obama lost his U.S. citizenship when his mother married an
Indonesian citizen and relocated herself and Obama to Indonesia wherein Obama’s
mother naturalized in Indonesia and Obama followed her naturalization, as he was a
minor and in the custody of his mother. Obama failed to take the oath of allegiance when
he turned eighteen (18) years to regain his United States Citizenship status.
4. The Democratic National Committee is for Plaintiff and “We the People” who believe in
the Democratic Vision. The Democratic National Party is supposed to represent the
Democratic Americans in seeking honest leadership, Open Government, Real Security,
Energy Independence, Economic Prosperity, Educational Excellence, a Healthcare
System that works for Everyone and Retirement Security. The Democratic Party is
supposed to represent and protect the interests of working Americans and guaranteeing
personal liberties for all. Of which includes securing a Democratic Nominee on the
Presidential Election ballot who represents the Democratic vision and who is qualified
and eligible to run for Office of the President under the qualifications of the United States
Constitution.
5. The actions of Obama, a U.S. Senator, in running for President of the United States,
knowing he is not eligible, have been taken entirely without authorization under the
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United States Constitution, completely ignoring the qualification and procedures created
by the United States Constitution he is purporting to enforce.
6. Should Obama become the Nominee of the Democratic Party and then be discovered by
virtue of malfeasance, or negligence, on his part not to have revealed material evidence
showing him to be Ineligible for the Office of President of the United States of America
and thereby his Nomination be declared void by the appropriate Authorities Acting under
the Law, Plaintiff as well as other Democratic Americans will suffer Irreparable Harm .....
17. Obama claims he was born in Honolulu, Hawaii on August 4, 1961; however, has never
given the name of the hospital he was born in; whereas Obama’s grandmother on his
father’s side, half brother and half sister claim Obama was born in Kenya. Reports
reflect Obama’s mother went to Kenya during her pregnancy; however, she was
prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy,
which apparently was a normal restriction to avoid births during a flight. Stanley Ann
Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and
registered Obama’s birth. There are records of a “registry of birth” for Obama, on or
about August 8, 1961 in the public records office in Hawaii.
18. Upon investigation into the birth of Barack Hussein Obama in Honolulu, Hawaii,
Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital
and Queens Hospital. Wikipedia English Version under the subject “Barack Obama”
states Obama was born at Kapiolani Hospital. Wikipedia Italian Version under the
subject “Queens Hospital” states Barack Obama was born in Queens Hospital.
19. There are further references circulating on the internet claiming examination of the
hospital’s records in Hawaii show no birthing records for Stanley Ann Dunham (Obama),
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Obama’s mother. However, there are records of a “registry of birth” for Obama, on or about
August 8, 1961 in the public records office in Hawaii.
20. Wayne Madsen, Journalist with Online Journal was a contributing writer and published
an article on June 9, 2008 stating the GOP sent a research team to Mombasa, Kenya and
located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital,
to his father, a Kenyan Citizen and his mother, a U.S. Citizen.
21. At the time of Obama’s birth in 1961, Kenya was a British Colony.
22. There is a Canadian Birth Certificate posted on the Internet in the name of Barack
Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961.
23. Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on
December 12, 1963. Chicago-based Internet journalist, broadcaster and critic Andy
Martin states Obama has never renounced his Kenyan citizenship. Andy Martin further
states on Obama’s Senate web site, Obama tap dances around his own dual nationality
when discussing his father. Obama obviously knows, because his father told the Obama,
that he (Obama) also held/holds Kenyan nationality.
24. If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated
if a child is born abroad and one parent was a U.S. Citizen, which would have been his
mother, Stanley Ann Dunham, Obama’s mother would have had to live ten (10) years in
the United States, five (5) of which were after the age of fourteen (14). At the time of
Obama’s birth, his mother was only eighteen (18) and therefore did not meet the
residency requirements under the law to give her son (Obama) U.S. Citizenship. The
laws in effect at the time of Obama’s birth prevented U.S. Citizenship at birth of children
born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was
under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did
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not qualify under the law on the books to register Obama as a “natural born” citizen.
Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163,
235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved
(Att’y Gen. 1944). Obama would have only been naturalized and a Naturalized citizen is
not qualified and/or eligible to run for Office of the President. U.S. Constitution, Article
II, Section I, Clause 4.
25. Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a
citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
26. In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley
Ann Dunham married Lolo Soetoro, a citizen of Indonesia and moved to Indonesia with
Obama. At this time, if Obama was Registered as a “natural born” citizen, which he did
not qualify to be registered as, he would have lost his U.S. Citizenship when his mother
married Lolo Soetoro and took up residency in Indonesia. The first requirement is that
naturalization must be achieved through “application.” Such type of naturalization
occurs, for example, when a person acquires a foreign nationality by marriage to a
national of that country. Nationality Act of 1940, Section 317(b). Additionally, there is
rumor circulating on the Internet that his Indonesian stepfather, Lolo Soetoro, adopted
Obama. ....
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