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Judge Throws out Berg’s Suit.. last night..

October 25, 2008
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.

Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.

Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.

He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.

U.S. District Judge R. Barclay Surrick had denied Berg’s request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters.

Surrick ruled that Berg’s attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were “frivolous and not worthy of discussion.”

The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”

For example, Berg had claimed that Obama’s nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama’s birth there on Aug. 4. *



“What is there if there is nothing to believe in? Our media has overtly expressed their bias, and we cannot rely on valid reporting of truth. Goebbels said, “If you tell the big lie often enough, and keep repeating it, people will eventually come to believe it.” Liberals love to say that Conservatives are fascists. What do you call what I have just described? The media control of thought, the injection – not election – of a liar, inexperienced non-citizen to President, and the intentional, willful rejection of investigating Barack Obama is nothing more than fascism. The first thing Hitler did when he got into power was to deny the rights of citizens to own firearms. The government controlled everything and there was no freedom of speech. What does that sound like?

Recently, on the radio show The Savage Nation, Michael Savage interviewed Philip J. Berg, a lifelong Democrat who is suing for the Obama campaign to produce a birth certificate, which has not been “found”. In the interview, Berg stated that Obama’s own grandmother said she was present at his birth in Kenya. That is not a state, as far as my public education tells me. Further, Obama has not responded to the lawsuit with evidence to the contrary, which legally means the allegations are true.

What means anything anymore? How much can you lie and look someone in the eye? And, how can you lie about writing two books that were clearly written by someone else? Source:

Ultimately, this point may be moot. We’ve elected idiots before. Clinton and Bush both proved that. But the issue is how can we throw the Constitution of the United States out because of white trash “journalists” who think they have control of the minds of the nation? This is FASCISM writ large. It is illegal to propagandize the American public.

This will all go unnoticed, because the Liberal nutjobs will assume I’m just another Conservative. I’m not. I’m an Independent. Lunatics like Rush Limbaugh deride us because we are not Kool-Aid drinkers for one polarized moron or another. What we are constitutes Americans: free thinkers. Like it was intended to be.

Something needs to happen, folks. I don’t give a damn about the economy crap going on, because what’s really coming down is going to be far worse than you can imagine. Someone, somewhere, is going to have to stop the Brownshirts. When, as a nation, are we going to stand up for something minus blinders?

Honestly, this is all sickening to me. I realize elections mean nothing; that the decisions have already been made. But when are people going to say enough is enough?

If I remember correctly, we are people, not sheep. So why are we voluntarily being sheared?

Andrew T. Durham

  1. Betty permalink
    October 25, 2008 9:29 am

    We are reliving the supreme court decision of 2000.

  2. October 25, 2008 12:36 pm

    yeah, I guess so. They are trying very hard to overturn the Natural Born Citizen Requirement.

    The Ballot Box has been made dysfunctional. The Supremes are a gang of 12 in black dresses, the Courts are in agreement with politicians. It’s a freakin nightmare!

  3. October 25, 2008 12:49 pm

    New York-London-Washington-Chicago-San Francisco-Palm Beach

    Headquarters mail:
    Post Office Box 1851
    New York, NY 10150-1851
    Tel. (866) 706-2639
    Fax (866) 707-2639

    Andy Martin, J. D.
    Professor of Law (Adj.)
    Executive Editor

    October 24, 2008

    Dear Friends:

    I am back in’s New York office and unpacking after our spectacularly successful Hawai’i trip.

    We managed to uncover the truth about the “hidden Obama” and his true family origins. Many Americans believe that our disclosures may have drawn Obama back to Hawaii, as well as attracting other authors (Jerome Corsi is now there) to begin additional research. Few credit the “grandmother is sick” story for the suspension of Obama’s campaign; Michelle now says “Toot’s doing fine.” Hmmm. Pretty fast recovery.

    As you are probably aware, on October 17th I filed a lawsuit in the Honolulu Circuit Court seeking access to Obama’s original birth certificate. I am seeking the right remedy, under the right statute, in the right court, in the right state.

    The birth certificate case is still pending and I will be holding a New York news conference on Saturday (October 25th) to discuss the matter. The trial judge set a hearing for November 7th. I did not feel that November 7th was a sufficiently expeditious date in light of the election on the 4th, and I challenged that date in the Hawai’i Supreme Court through a petition for writ of mandamus.

    The Hawai’i Supreme Court denied my request to expedite the hearing or to allow me to appear by telephone.

    So the lawsuit is back in the Circuit Court. I have to show up in Hawai’i on November 7th if the lawsuit is to proceed. I do not know how many people will still want to pursue the disclosure of Obama’s true birth certificate after November 4th. There may be many, or a few, or none. is a small organization. While we have had a massive impact on the 2008 election we operate on a limited budget. We exhausted our travel budget with the trip to investigate Obama’s Hawai’i years and to file the birth certificate lawsuit.

    If you would like the birth certificate battle to proceed, you can consider contributing to a fund to continue the litigation.

    We will have to cover the costs of a last-minute trip to Hawai’i on November 5th, as well as the costs of appeals, perhaps more travel, etc.

    Unlike the $100 contribution limit imposed by on political contributions, there are no limits on contributions to defray the expenses of Obama-related litigation. There is no limit on contributing to the travel and litigation expense fund because we need to fund the litigation expenses into the indefinite future.

    We don’t know what the costs will be but they will run in the thousands to pursue the lawsuit to a conclusion. Expenses tend to add up, particularly when you have to make last-minute reservations, pay appellate filing fees and transcript costs and generally be able to respond to court orders. In my case I will also incur penalties to change existing reservations since I would have to redo my already-paid travel plans. We may have to make more than one trip to Hawai’i.

    Again, I don’t have a clue whether anyone wants to pursue the birth certificate issue after the election, but I am prepared to do so if there is financial support to continue the fight.

    We cannot surrender to Barack Obama on November 4th. On November 5th the battle to protect this great nation must continue whoever wins the election.

    There are two ways to contribute to support the birth certificate litigation battle:

    First, if you want to make an immediate online contribution through the, please note on your contribution that it is for Andy Martin Travel and Legal costs, and the contribution limit will be waived.

    Second, you can mail checks or money orders to me at P. O. Box 1851 address in New York (see letterhead). We will close this solicitation on October 29th. If there is sufficient money on hand on the 29th, we will go forward and make the travel plans to be in Hawai’i on November 7th. If not, we will return the checks to the donors (or online contributors). (You may want to overnight any donation by Express Mail.)

    Please feel free to call if you have any questions. Please note that the will also be making a fund appeal to continue fighting the Obama campaign. This letter offering to accept funds to defray the costs of expenses for the birth certificate lawsuit is separate, because we need to keep the expenses of litigation separate from the expenses of election activity.

    I apologize for the fact that we will be sending out two fund raising appeals in close order, but we are going to do our beat to defeat Barack Obama and continue to seek the facts and truth about whom he is.

    I am not anxious to make the long trip back to Hawai’i, but if there is public demand to fight on, we will.

    With all best wishes,


  4. prowlland permalink
    October 25, 2008 6:57 pm

    Stop the Obama Constitutional Crisis
    Sign the Petition : 34,536 Letters and Emails Sent So Far

  5. October 25, 2008 9:05 pm

    Will DO!

    Are you a PUMA?

  6. sarahlies permalink
    October 25, 2008 11:18 pm

    hilarious you morons are grasping at straws, how pathetic, its absoluting a joke. Man racist makes you so ugly! and fat your probably fat too.. Wow unbelievable what hate makes you do!

  7. October 25, 2008 11:29 pm

    put down the Kool-Aid and grow a brain. If you take your Fascist leader to a Fascist country, we can still be friends. At least my candidate is a Natural Born Citizen.. yours is a fraud and a pretender!

  8. Ted permalink
    October 26, 2008 5:50 am

    Handled right, the Fed District Court throwing out Berg for lack of standing can present a political check-mate “win” on appeal for the anti-Obama side (if not in law, in the Court of Public Opinion). Here’s how: SIMPLY SPREAD AROUND OBAMA’S APPELLATE BRIEF HAVING TO ARGUE AGAINST AN AMERICAN VOTER’S RIGHT TO RAISE THE QUESTION UNDER THE CONSTITUTION. Should be a PR disaster for the Dems and Obama!!!

  9. October 26, 2008 10:10 am

    I agree. And fwiw, I believe Berg should sue for standing in defense of the Constitution. The Judge needs to be centured for acting as a provocateur of the Constitution rather then it’s defender.

    the latest:


  1. Last night, Judge Throws out Berg’s Suit..

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