Obama, DNC elude citizenship lawsuit deadline

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  • BloodEclipse

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    WorldNetDaily Exclusive
    [FONT=Palatino,][SIZE=+2]Obama, DNC elude citizenship lawsuit deadline[/SIZE][/FONT]
    [FONT=Palatino,][SIZE=+1]Solicitor general's office dodges questions about birth certificate complaint[/SIZE][/FONT]

    [SIZE=-1]Posted: December 01, 2008[/SIZE]
    [SIZE=-1]10:35 pm Eastern[/SIZE]




    [FONT=Palatino,]By Chelsea Schilling[/FONT]
    [FONT=Palatino,][SIZE=-1]WorldNetDaily [/SIZE][/FONT]

    [FONT=Palatino,]
    PhilipBerg2.jpg
    [/FONT]
    [FONT=Palatino,]Attorney Philip J. Berg

    President-elect Barack Obama and the Democratic National Convention have 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 to document his eligibility for office.
    While the Federal Election Commission waived its right to respond to the complaint on Nov. 18, the solicitor general's office is refusing to say whether the waiver was also filed on behalf of Obama and the DNC.
    Berg filed his petition on Oct. 30, and according to procedure, a response from the defendants was due today. But when WND contacted the U.S. Supreme Court and the solicitor general's office, officials referenced the FEC's waiver and dodged any questions about Barack Obama and the DNC filing separate responses.
    America's Right blogger and legal writer Jeff Schreiber has followed the case closely.
    "There are a number of reasons why the respondents here would choose not to respond," Schreiber speculated. "First, because the court only grants between 70 and 120 of the 8,000 or so petitions it receives every year, perhaps they just liked their odds of Berg's petition getting denied. Second, because they have made arguments as to Berg's lack of standing several times at the district court level and beyond, perhaps they felt as though any arguments had already been made and were available on the record. Or, perhaps the waiver shows that the FEC and other respondents do not take seriously the allegations put forth by Berg, and did not wish to legitimize the claims with a response."
    But one thing that is not clear is whether the FEC is filing for itself or on behalf of all respondents, he added.
    (Story continues below)

    FEC attorney Gregory G. Garre is listed as the only name under "Attorneys for Respondents." There are no additional attorneys listed for Obama or the DNC – and the waiver was filed by "respondents Federal Election Commission, et. al," suggesting the response was on behalf of other defendants as well.
    Where's the proof Barack Obama was born in the U.S. and thus a "natural-born American" as required by Article 2, Section 1 of the Constitution? If you still want to see it, sign WND's petition demanding the release of his birth certificate.
    "As it were, the FEC's attorney, Gregory Garre, is with the Solicitor General's office, and does not represent Obama or the DNC," Schreiber wrote. "While attorneys acting on behalf of a group of defendants or respondents is not necessarily rare, the difference here is the involvement of the Solicitor General's office, a federal office."

    Court documents show the Federal Election Commission waived its right to respond on Nov. 18.

    Berg told America's Right he was taken aback when he learned that the FEC – a federal regulatory agency – had filed the waiver.
    "I'm surprised because I think they should take the position that the Supreme Court should grant standing to us," he said. "I think they have a responsibility not only to Phil Berg, but to all citizens of this country, to put forth a sense of balance which otherwise doesn't seem to exist.
    "However, if this was filed by the FEC on behalf of the DNC and Barack Obama too, it reeks of collusion," he said, noting that the attorney from the solicitor general's office should be representing federal respondents and not the DNC or Obama.


    That story in combination with this one: Imaging guru: 'Certification' of birth time, location is fake
    make me wonder if this is all going to get swept under the rug?
    "Obviously, there's something very critical to hide, or they wouldn't have spent the million dollars in legal fees to prevent the release of his original birth certificate," Polarik told WND.
    He explained to WND there are several "giveaways" on the image itself. For example, the document has gray between the lettering, not green pixels as the rest of the background document, suggesting someone cut-and-pasted or typed new information that was embedded on top of the background.
    [/FONT]
     

    CarmelHP

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    I think it's a big stretch and a misreading of the case summary to suggest the FEC filed on behalf of anyone other than themselves. I just read the Pa.E.D. court's decision on Lexis (574 F. Supp. 2d 509; 2008). I think that there are serious questions about the birth certificate, but Berg's complaint was laughable. Obama and the DNC know there is virtually no way cert will be granted.
     

    Rooster Cogburn

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    Whether you use precedent and intention or a strict basic Common Law view, BHO II cannot be eligible to hold the Office of POTUS. The Constitution is THE Controlling Law of this country, is in fact the Supreme Law of the Land, the Constitution is a Document of The Common Law. I think the Common Law basis makes him ineligible because the Constitution is clear.

    If you use precedents as a means to decide whether a case has legal merit, how does one bring about a case to set a precedent? Either way this case is decided, we will ultimately set a "precedent" for many generations. If we cannot hold our Constitution at the highest levels, how are we, as citizens, expected to obey any laws? Seriously, if he doesn't have to produce a certifiable document, he basically is telling us simpletons flllluck you. If he does have to provide a document and cannot, we are racists. It's a horrible concept that one document has brought this great nation to its knees.

    These are dangerous times right now. Someone has taken the "whatever it takes to win" to a whole new level. This should be resolved based on morality and principle. Obviously those two civilized traits don't exist.

    God Bless America :patriot:
     

    JetGirl

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    That document is a moot point.
    If the Constitution still applies (and really…who knows anymore with as much as it’s been trampled on), that very Article makes his Hawaiian certificate not worth mentioning.
    As I understand the British Nationality Act of 1948 (and PLEASE someone correct me if I’m wrong!), Obama would be a citizen of the United Kingdom because of his father. What I mean is, at the time Obama was “born in Honolulu” (if he was), Kenya was a British colony. As a Kenyan native, Obama’s father was a British subject and his citizenship was governed by that British Nationality Act.
    Here’s the wording:
    British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
    In other words, when he was born, he was a US citizen because of being born in Hawaii and he was also a citizen of the United Kingdom and Colonies by virtue of being born to a father who was a UKC citizen. Consequently, by definition, he is not a “natural born citizen” due to the duality of his birthright citizenship.
    Berg should hit that hard and stop fidgeting about the paper.

    Edit:
    Not that I think much will come of it anyway. FWIW, I think he'll get his 4 years to "rule" and screw us all over...just like many before him and many to come after.
    Meet the new boss. Same as the old boss.
     

    indyjoe

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    I believe this will get swept under the rug. First, because the Constitution means nothing these days. Second, because those in power both want him in and know that many, many cities would burn if he were to be found ineligible.
     

    rcuhljr

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    Consequently, by definition, he is not a “natural born citizen” due to the duality of his birthright citizenship.

    Well that's where you'd be wrong, duality of citizenship does not change that, the Attorney generals decision is long but the summary...

    Although U.S. policy generally disfavors the holding of dual citizenship, such a policy has not served as authority for affording dual citizens as a class fewer benefits or privileges than are given to those who are sole U.S. citizens. Indeed, as U.S. citizens, dual U.S. citizens should be presumed eligible for employment under § 606. How the individual applicant has held or exercised his or her dual citizenship status may be incorporated as one of many factors to be considered, for example, in decisions to grant or withhold security clearances for employment.

    Dual citizenship doesn't make you any less of a U.S. citizen, especially when you consider his kenyan/british citizenship was removed over 20 years ago.
     

    JetGirl

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    Well that's where you'd be wrong, duality of citizenship does not change that, the Attorney generals decision is long but the summary...



    Dual citizenship doesn't make you any less of a U.S. citizen, especially when you consider his kenyan/british citizenship was removed over 20 years ago.
    Whoa whoa...back the truck up, Susan. I'm not talking about whether he'd be eligible to get a job flipping burgers at Mickey D's. I'm talking about the way the framers wrote the Constitution to avoid having a Commander-in-Chief that held split loyalties...which is why they wrote it like they did.
     

    rcuhljr

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    Whoa whoa...back the truck up, Susan. I'm not talking about whether he'd be eligible to get a job flipping burgers at Mickey D's. I'm talking about the way the framers wrote the Constitution to avoid having a Commander-in-Chief that held split loyalties...which is why they wrote it like they did.

    Well actually those are jobs at the Department of justice, I guess they cook burgers there. Where exactly are his split loyalties? to a country he abdicated his citizenship to 20 years ago? Go look up the governments information on dual citizenship, it's not a reason for restricting anything.
     

    Rooster Cogburn

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    Dual citizenship aside, he still needs to provide a certified document of his birth within the United States.

    The question still remains if he is eligible for US Citizenship based on the requirements of law. US Law very clearly stipulates: "If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16." Barack Obama's father was not a U.S. citizen and Obama's mother was only 18 when Obama was born, which means though she had been a U.S. citizen for 10 years, (or citizen perhaps because of Hawaii being a territory) the mother fails the test for being so for at least 5 years **prior to** Barack Obama's birth, but *after* age 16. It doesn't matter *after* . In essence, she was not old enough to qualify her son for automatic U.S. citizenship. At most, there were only 2 years elapsed since his mother turned 16 at the time of Barack Obama's birth when she was 18 in Hawaii. His mother would have needed to have been 16+5= 21 years old, at the time of Barack Obama's birth for him to have been a natural-born citizen.

    Now under the 14th Amendment, The Fourteenth Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Since Hawaii is part of the United States, even if Barack Obama's parents were both non-U.S. citizens who hadn't even set foot in the country until just before he was born, he'd still qualify as a natural-born citizen.

    However, there are claims that he wasn't born in Hawaii, as claimed, but rather in Kenya.

    So why not give the American people a sense of morality and produce the dang birth certificate!?!?!?!?!

    John McCain had to do it based upon Senatorial insistence. Why can't he offer the same? McCain's Birth Abroad Stirs Legal Debate - washingtonpost.com

    Or maybe we'll end up like Thailand: Thai Government Dissolved: Airports to Reopen? - Yahoo! News
     

    JetGirl

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    US Law very clearly stipulates: "If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16." Barack Obama's father was not a U.S. citizen and Obama's mother was only 18 when Obama was born, which means though she had been a U.S. citizen for 10 years, (or citizen perhaps because of Hawaii being a territory) the mother fails the test for being so for at least 5 years **prior to** Barack Obama's birth, but *after* age 16. It doesn't matter *after* . In essence, she was not old enough to qualify her son for automatic U.S. citizenship. At most, there were only 2 years elapsed since his mother turned 16 at the time of Barack Obama's birth when she was 18 in Hawaii. His mother would have needed to have been 16+5= 21 years old, at the time of Barack Obama's birth for him to have been a natural-born citizen.
    Good point. I'm really curious to see it all play out, but again...I think it probably won't. Even if it did...it seems that it would leave us in just about the same situation...
     

    rcuhljr

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    he still needs to provide a certified document of his birth within the United States.
    Which he and various officials from Hawaii have already done.

    US Law very clearly stipulates: "If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16."

    That only applies if he wasn't born in Hawaii.

    Birthright citizenship in the United States of America - Wikipedia, the free encyclopedia


    However, there are claims that he wasn't born in Hawaii, as claimed, but rather in Kenya.

    So why not give the American people a sense of morality and produce the dang birth certificate!?!?!?!?!

    This has been done several times already, did you read the whole link I posted in my previous post?
     

    jedi

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    I'm takikng names and will be handing them over to the BO National Security Force as all of you are putting way too much time into this and not doing your REQUIRED community service. We paranoid, gun lovers have no right to question THE ONE on his eligiblity.

    Oh get back to guying guns & ammo!
    =)
     

    Rooster Cogburn

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    I'm takikng names and will be handing them over to the BO National Security Force as all of you are putting way too much time into this and not doing your REQUIRED community service. We paranoid, gun lovers have no right to question THE ONE on his eligiblity.

    Oh get back to guying guns & ammo!
    =)

    You right...its all a moot point! I should just take their word for it and move along. Be a sheeple...:rockwoot: It's the new cool in 2009! lmao Buying more guns 2009 to start the year off right!

    And to answer rcuhljr, yea yea yea. Too bad his opponent had to forego the Senate process of affirming his natural born status. BHO has been vetted properly just like everyone else.

    God Bless America
    :patriot:
     

    rcuhljr

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    And to answer rcuhljr, yea yea yea. Too bad his opponent had to forego the Senate process of affirming his natural born status.

    Not arguing that people demanding an inspection of McCain's birth was any less stupid, I think both cases are just desperate attempts to try and find any technicality.


    You right...its all a moot point! I should just take their word for it and move along. Be a sheeple...

    I can see how asking people to exercise critical thinking skills is asking them to be sheeple. :rolleyes: I mean as likely as it is that multiple national organizations and unaffiliated officials are part of a giant conspiracy to commit fraud which would be almost impossible to pull off, and would lead to their collective downfall, Occam's Razor just doesn't cut that way.
     

    10ring

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    Which he and various officials from Hawaii have already done.

    Source for that statement? To this day, he still has not allowed them to release a paper birth certificate for review. Why is that, do you think?

    That only applies if he wasn't born in Hawaii.

    Can you or has anyone else prove he was?

    Provide facts and sources for your statements.
     

    rcuhljr

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    Source for that statement? To this day, he still has not allowed them to release a paper birth certificate for review. Why is that, do you think?

    Can you or has anyone else prove he was?

    Provide facts and sources for your statements.

    FactCheck.org: Born in the U.S.A.

    http://www.politifact.com/truth-o-meter/article/2008/jun/27/obamas-birth-certificate-part-ii/

    Media Matters - Corsi's claim that Obama posted "false, fake birth certificate" flatly rejected by Hawaii Health Department

    Hawaii officials declare Obama birth certificate genuine | HonoluluAdvertiser.com | The Honolulu Advertiser

    The paper copy has been released several times, and many officials in hawaii's health department have officially gone on record about the issue.
     

    4sarge

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    Fact Check & Media Matters are both questionable reliable sources as both are funded by George Soros and everyone knows that the MSM's are in the tank for Obama :rolleyes:

    Media Matters has not always been forthcoming about its high-profile backers. In particular, the group has long labored to obscure any financial ties to George Soros. But in March 2003, the Cybercast News Service (CNS) detailed the copious links between Media Matters and several Soros "affiliates"—among them MoveOn.org, the Center for American Progress, and Peter Lewis. Confronted with this story, a spokesman for the organization explained that "Media Matters for America has never received funding directly from George Soros" (emphasis added), a transparent evasion.

    How many people are aware that Senator Obama has ties to Factcheck.org, the “non-partisan” political “fact checking” site, vis-a-vis the Annenberg Foundation? Or that the controversies surrounding Obama, such as his ties to Bill Ayers, a former member of the violent Vietnam War era Weather Underground terrorist group, and the veracity of Obama’s “birth certificate” are both linked to Factcheck and Annenberg. There’s also news about the ongoing federal lawsuit involving Obama’s birth certificate: how a U.S District Judge has thrown out Obama’s attorney’s Motion to Dismiss and ordered them to “pony up” the certificate “post haste”.
    From Google Search:
    FactCheck.org - Annenberg Political Fact CheckMonitors the factual accuracy of what is said by major US political players in the form of TV ads, debates, speeches, interviews, and news releases.
    The Annenberg Foundation is at the center of the ongoing Obama-Bill Ayers controversy. Ayers was a former member of the homegrown terrorist group, the Weather Underground, which took credit for bombing the Pentagon, the Capital Building, and the New York City Metro Police Department plus 30+ other bombings during the Vietman War era.

    9262008obamafriends1.gif
     
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