Attorney Philip J. Berg

After President-elect Barack Obama and the Democratic National Committee let a Dec. 1 deadline slip by without responding to Pennsylvania attorney Philip J. Berg’s petition for writ of certiorari demanding Obama produce a legitimate birth certificate, the attorney is now filing a motion to stop Obama from taking office in January.

Berg has filed an emergency motion for immediate injunction, America’s Right blogger and legal writer Jeff Schreiber reports. Berg is asking the court to stop state certification of electors to keep the Electoral College from meeting Dec. 15 and casting votes for Obama. He is also seeking to postpone the official vote count Jan. 6 until the court reaches a decision on his appeal.

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“It is my firm belief, my one thousand percent firm belief,” Berg told Schreiber, “that he does not meet the natural born qualifications, that he should not be voted for by the electors, and that he should not be sworn in this January unless he shows his credentials … which he of course cannot, simply because he does not have them.”

Berg filed his petition Oct. 30, and according to procedure, a response from the defendants was due yesterday. While the Federal Election Commission waived its right to respond to the complaint Nov. 18, there has been no word from Obama or the DNC.

The parties are not legally required to respond, and Berg said he doesn’t expect them to do so. He believes the defendants will argue that he lacks standing.

“If they were going to respond, I get the feeling that it would have been in there by now,” Berg told Schreiber. “The feeling may be that, if they respond, they could hold themselves out for perjury later on when we’re successful. That’s why, in the lower court, they just relied on a motion to dismiss based on standing. Here, they may not want to file an actual, specific response in the Supreme Court for fear they’ll be held to it later.”

Berg referenced nationwide efforts to demand Obama produce an original birth certificate.

“We’re finding that there is a great interest across the United States,” Berg said. “I’ve been on talk show after talk show, and the more the case is discussed, the more people are made aware of it and are disgusted by the fact that Obama just won’t simply produce the credentials showing he’s qualified. Hopefully, some authority will demand it.”

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