The Power

Monday, November 10, 2008

Phillip Berg don't you get it yet?

Philip J. Berg, Esquire, the Pennsylvania attorney who filed a lawsuit suit against Barack H. Obama, challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, filed a Writ of Certiorari in the United States Supreme Court. Berg is taking legal action in order to view President-Elect Barack Obama's birth certificate and other similar documents.


> Today, I took it upon myself to spend some time
> researching the steps a potential Presidential
> candidate goes through to get their name on the
> ballot for the primary and general election.

I am ALL ABOUT RESEARCH. But let me give you a hint. If you don't understand the issues raised or the problems with the initial filings, the initial "argument", you need to start there. None of the other stuff means anything if you can't grasp that. At least some part of that has been done FOR you, by the Judge. Read that.

Again, Mr. Berg has much less of an excuse for being unable to comprehend what he needed to establish in his initial filings, but you are wasting your time if you can't. And anyone who has a clue isn't going to waste any time with your musings if you blithely ignore the most basic requirements, and go haring off as if they don't matter. That is like trying to put the windows in a building that just fell down when you put up the framing.

This whole made-up "controversy" is only controversial among people who refuse to actually allow information into their brains, because they have that conspiracy theory going on in there. And fear.

Here is a hint that doesn't have anything to do with research: you can't think clearly when you are that afraid. And I know the "conspiracy" mindset--the fact that nobody with more than two brain cells firing can take your drivel seriously just makes you more fearful. Slow down and go back to the beginning and LEARN THAT if you really can't just acknowledge how stupid this is and let it go.

Or keep trying to put windows in a building that isn't even framed. This is America.

As a Obama supporter, let's keep our emotions in check and analyze this strictly from known facts and knowledge of the law as we understand it.

1) Is it true that a child born of a woman who is an American citizen automatically becomes a citizen regardless of the place of birth?

2) Is there any question regarding the identity and citizenship of the women identified as Obama's birth mother? Was she actually an American citizen at the time of Obama's birth?

3) If the answer to both 1 and 2 above is "Yes", then Obama's place of birth is irrelevant.

The Judge was probably correct in deciding that Berg does not have proper standing to bring such a suit. A judge does not have a duty or obligation to explain himself to every plaintiff who comes before his bench. I would think a case of this magnitude would normally be presented by a state or federal government office (such as an Attorney General), an appointed special prosecutor, or some organization representing the interests of a large body of citizens (such as the RNC or DNC).

The DNC has the best stable of lawyers on the planet! I'm sure they would've stomped on Barry early in the primary process had there been any hint of citizenship problems. I confess that I new nothing of Berg until about an hour ago: this guy appears to be a nut job looking for face-time on all the MSM outlets -- I can see a book coming out next week! You know something is wrong with this story when he does radio interviews with these 2 AM talk-show nobodies. As far as I know, Hanity, Limbaugh, Ingrahm & O'Riley haven't delved into this in any substantial way. As for Michael Savage, well, he's a fantastic intellect who's just plain bored with talk radio but keeps on talking anyway. He's never met a conspiracy he didn't like long enough to push up ratings for a week or two.

Don't let this sensationalized trash obscure the REAL problems with the Obama candidacy: he's a socialist who's all too comfortable with Marxist ideology. I know, the Reverend Wright and Bill Ayers associations are important along with the hidden academic records and the missing $120 million from the Annenburg Challenge. But voters don't care about that stuff right now -- they're worried about their 401(k)'s, IRA's, and home mortgages

This story was certainly worth our brief attention when it first broke, but it's obviously fallen into the bin of whacko conspiracies before completing a single news cycle.. Let's sharpen our focus during these remaining days on issues of substance. For example: wealth redistribution (you go Joe!), major cuts in military spending (Barney Frank recommending a modest 25%), government seizure of 401(k) plans (like they're doing in Argentina), higher taxes, shutting off talk-radio as we know it (remember the Hush Rush movement?). Take your pick.


I am quite dismayed that at least for the time being, the Berg lawsuit is dismissed. I have followed the lawsuit from Day One and even though Berg was light on evidence, I thought he made a decent argument in his initial complaint.

Today, I took it upon myself to spend some time researching the steps a potential Presidential candidate goes through to get their name on the ballot for the primary and general election.

The first step is to declare candidacy for Congress or the Presidency and submit a statement of candidacy to the FEC. From what I can determine, the candidate is not required to furnish documentation proving they meet the qualification requirements defined in Article I or Article II of the Constitution. The only identification provision on the form is for an identification number, which I assume, is the candidate’s social security number. The FEC also requires another form be submitted to establish a campaign committee for the purposes of tracking contributions.

Following my investigative trail, I used Oregon as an example. In Oregon, once the candidate is registered with the FEC, they must submit a filing of candidacy to the Oregon Secretary of State (OSOS) x number of days before the primary. Again, the filing does not require the candidate to furnish documentation proving they meet the requirements specified in Article I or Article II. No requirement for even a driver's license or social security number. By signing the filing, the candidate states they meet the qualification litmus test if elected. In Oregon, it is a felony to provide false information on the filing. If the candidate wins the primary and in the case of the Presidency, the nomination the filing is repeated for the general election. The procedure for filing is specified in the Oregon Candidate’s Manual.

Once the votes are counted and a winner is provisionally declared, the Secretary of State audits and certifies the election results according to Oregon election laws. Again, the now elected candidate is not required to furnish documentation proving they are qualified as specified in Article I or Article II of the Constitution.

The electronic records of the filings submitted by Obama to the OSOS for the primary and general election can found in the link I have provided below. Note the date on Obama’s filing for the general election in relation to the date the DNCC was held. It was submitted and accepted by the OSOS more than two months before the state delegate roll call was taken and ratified at the convention in August. This in of itself should be investigated in regard to its legitimacy.

While my sample is quite small and perhaps not representative of the other 49 states election laws, it is clear to me there are significant gaps that must be addressed going forward. As of right now, it appears anyone can get elected to any office without ever having to prove they are indeed an American citizen and in the case of the Presidency, a natural born citizen as defined by the Constitution. I would encourage concerned citizens to review the election laws in their respective states to see if similar gaps exist and to take action so this never happens again.


Links to supporting documentation:

FEC Candidacy Statement: [www.fec.gov]
Oregon Filing of Candidacy: [www.sos.state.or.us]
Oregon Candidate's Manual: [www.sos.state.or.us]
Oregon Election Laws: [www.sos.state.or.us]
Obama Oregon Filing of Candidacy:
[secure.sos.state.or.us]

The COLB on his website and Factcheck both say
> that his place of birth is Hawaii. If he were to
> get a COLB and was born somewhere else, it would
> say so.
>
> Also, Obama has a drivers licence and a passport.
> He had to provide a birth certificate to get those
> things. Also when getting a Passport, they
> determine citizenship.
>
> Also, McCain was born in Panama but is still
> considered a 'natural born' American. When you are
> born to an American parent or parents, you
> automatically get citizenship. It is a birth
> right. So you could argue that he is a 'natural
> born' citizen even if he was born somewhere else
> (he was not).
>
> Philip Berg has filed lawsuits against George Bush
> for 9/11 and has tried to get Supreme Court
> Justices Scalia, Thomas, and O'Connor disbarred.
> This guy is a lunatic.
>
> Now that the judge threw out this lawsuit, the
> case is dismissed, end of story.

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