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Appeal promised in eligibility lawsuit

Posted By Bob Unruh On 06/12/2009 @ 11:00 pm In Front Page | Comments Disabled

Philip Berg, the Democrat from Pennsylvania who has pursued three legal challenges to Barack Obama’s eligibility under the Constitution to occupy the Oval Office, says he’ll appeal a judge’s ruling in a case that until now had been under court-ordered seal.

Berg said in an announcement on his website documenting his challenges that the case under seal now can be discussed after it was dismissed and he’s decided to appeal.

The action cited the False Claims Act and accused Obama of defrauding the United States Treasury “by illegally being a U.S. senator from Illinois as Obama is an Illegal Alien, not a U.S. Citizen,” the website said.

Berg filed the action against Obama and after months of delay Attorney General Eric Holder’s staff confirmed its decision not to pursue an investigation.

The dismissal came from a federal judge in Washington this week.

“A False Claims Act [FCA] case is when a person has knowledge that another party has obtained money from the government based on a false claim,” Berg’s website explained. “In this instance, in order to be a United States senator, you must be a United States citizen for nine [9] years. Obama is not a United States citizen and therefore, usurped the office of U.S. senator for Illinois and obtained payment from the U.S. Department of the Treasury based on his false statements that he was a U.S. citizen and constitutionally eligible to serve the position of United States senator.”

Berg continued: “What a miscarriage of justice! At a closed door hearing on June 9, 2009, because of the status of the ‘sealed case,’ sealed because of the nature of the case, that being a ‘Qui Tam’ or FCA [False Claims Action] case, the attorney general through his representatives refused to proceed with the prosecution of Obama for fraudulently serving as a U.S. senator from Illinois for 3 ½ years.”

Where’s the proof Barack Obama was born in the U.S. or that he fulfills the “natural-born American” clause in the Constitution? If you still want to see it, join more than 380,000 others and sign up now!

Berg said he presented “overwhelming evidence” Obama was ineligible to be senator, “and therefore, Obama fraudulently received a salary and benefits of nearly $1 million dollars.”

He confirmed he had cited the apparent conflict of interest of having Obama’s appointee, Holder, involved in the case, and requested a special prosecutor – but was turned down.

“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 plus 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,” Berg said.

His Berg vs. Obama is pending before the 3rd U.S. Circuit Court of Appeals and his Hollister vs. Soetoro a/k/a Obama is pending before the U.S. Court of Appeals for the District of Columbia.

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “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.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.

Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers and the appointment of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a “Certification of Live Birth” from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.

The ultimate questions remain unaddressed to date: Is Obama a natural born citizen, and, if so, why hasn’t documentation been provided? And, of course, if he is not, what does it mean to the 2008 election or the U.S. Constitution if it is revealed that there has been a violation?

And the answer could take only minutes: authorization from the president to Hawaiian officials to release his documentation.

Get the Whistleblower magazine, called “YOUR PAPERS, PLEASE? Why dozens of lawsuits and millions of Americans want Barack Obama to prove he’s constitutionally qualified to be president.”

A state official, Hawaiian Health Director Chiyome Fukino, said, “I, and Dr. Alvin Onaka have personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.” But officials have rejected requests for access, saying Obama would have to authorize any access, and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a foreign birth in Hawaii?

Obama’s half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. 

Here is a partial listing and status update for some of the cases over Obama’s eligibility:

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama now awaiting an appeal and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
  • Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
  • Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  • In Texas, Brockhausen vs. Andrade.
  • In Washington, L. Charles Cohen vs. Obama.
  • In Hawaii, Keyes vs. Lingle, dismissed.



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