The decision below is the best reason for appeal all the way to the Supreme Court. The Judge already ruled against dismissal. To dismiss the case at the end when proof was admittedly there is legally incorrect on the part of the Judge. The read below is item #27 on the case file documents page.



PHILIP J. BERG, ESQUIRE, : Plaintiff : vs. :CIVIL ACTION NO: 08-cv- 04083 : BARACK HUSSEIN OBAMA, ET AL, : Defendants :

ORDER ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)

THIS CAUSE came before the United States District Court Judge, Honorable R. Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National Committee’s Motion to Dismiss. Having reviewed the Motion and Plaintiff’s Opposition to said Motion and for good cause shown, it is hereby ORDERED that the Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) is DENIED.

It is further ORDER of this Court that the following discovery is to be turned over to Plaintiff within three (3) days:

1. Obama’s “vault” version (certified copy of his “original” long version) Birth Certificate; and 2. A certified copy of Obama’s Certification of Citizenship; 3. A Certified copy of Obama’s Oath of Allegiance.

IT IS SO ORDERED

Originally posted by Ron Paul Girl


This is really scary. I can't believe there's a very good chance that we will have an illegal alien as our next president and most people don't even have a problem with that!

I am sorry, you already have proof of this? Why are you sitting on it? Please present the proof here. I live in NY, I will be happy to drive to PA to personally present it to the court. Or....perhaps you are just being slanderous. I will wait.

As someonne who is 2/3 the way from law school, perhaps I can shed light on what is going on.

1. The plaintiff in the suit moved for a summary judgment. A summary judgment is a motion in which a moving party gets a case "thrown out of court" before a trial begins. In a summary judgment, the moving party has to prove (i) there are no material facts in dispute, (ii) given the undisputed facts, the law says that the moving party should prevail.

Here, summary judgment is inappropriate because there is a material fact that is in dispute, namely where Obama was really born. The law puts a burden on the plaintiff to prove that Obama was not born in the US and allows Obama to contest the plaintiff's evidence and offer evidence his own evidence.

2. As another poster pointed out, whenever a party makes a motion before a court, that party will often hand the court an unsigned judgment. Courts will often allow parties to write their own judgments, rather than writing judgments of their own. Litigants often do this as a favor to the court. It also helps litigants get the exact judgment they seek.

This is all insane. The longer Obama allows this to continue and fights this in court, the more guilty he appears. He has to realize this He apparently also realizes that his supporters don't give a rip if he's a natural born citizen or not and I would even go so far as to say that HE believes HE is what AMERICA needs and it doesn't matter where he was born, or whether or not he's an illegal alien. He seems to have an attitude that he is Superman, and he's come to save the day. Personally, it makes me want to puke.

And I think you can tell by my name on here that I'm not a McCain supporter either. They both make me want to puke Sometimes I feel like when I'm reading news on McCain or Obama that I may as well be reading the Enquirer or watching a WWF match. It's rediculous and fake.

Originally posted by Tiamanicus

Originally posted by Ron Paul Girl


This is really scary. I can't believe there's a very good chance that we will have an illegal alien as our next president and most people don't even have a problem with that!

I am sorry, you already have proof of this? Why are you sitting on it? Please present the proof here. I live in NY, I will be happy to drive to PA to personally present it to the court. Or....perhaps you are just being slanderous. I will wait.

I'm not saying he IS an illegal alien, but the more time that passes without this being addressed properly, it appears that the betting odds that he's an illegal, grow, and, there's a good chance that he will be our next President. Thus, there's a very good chance that we will have an illegal alien as our next President. I think that the longer this goes on, unaddressed, the more guilty he appears because it becomes glaringly apparent that he's hiding something. Why not just be honest...

Unfortunately, it seems BY STANDING LAW that the public will only have standing IF Obama wins the general election.

The 20th amendment to the constitution, section 3, describes when qualification occurs:

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

If Obama wins the election and becomes "president-elect" then every citizen in the United States has a constitutional right to see the qualification; 35 years of age, resident of the US 14 years, natural born citizen.

But unfortunately, a perceived injury or potential injury is not an injury in fact, and therefore fails the "standing test." It is not until the time (should it happen) that Obama becomes President-elect that any real injury would occur - which would give the public standing.

All US citizens have a constitutional right to see the "president-elect" qualified. Failure to perform the qualification of the president-elect, which is by law the responsibility of congress, is an infringement of a constitutional right bestowed on all citizens by the 20th amendment.

Should Congress fail in it's duty to assure that Obama is fully vetted and eligible to become President, then and only then will the US Public have standing.

Sadly... I see a Constitutional crisis in our future

Edit: correct typos

[edit on 10/25/08 by redhatty]

Originally posted by Ron Paul Girl
This is all insane. The longer Obama allows this to continue and fights this in court, the more guilty he appears. He has to realize this He apparently also realizes that his supporters don't give a rip if he's a natural born citizen or not and I would even go so far as to say that HE believes HE is what AMERICA needs and it doesn't matter where he was born, or whether or not he's an illegal alien. He seems to have an attitude that he is Superman, and he's come to save the day. Personally, it makes me want to puke.

And I think you can tell by my name on here that I'm not a McCain supporter either. They both make me want to puke Sometimes I feel like when I'm reading news on McCain or Obama that I may as well be reading the Enquirer or watching a WWF match. It's rediculous and fake.

So....instead of offering proof of your slander, you just continue to rant as if you had not even been called on it? I do not think it matter who you support. I am not an Obama supporter but I am a big fan of the truth. So...ready to prove he is an illegal alien? Like I said, if you have it but are too afraid to use it, then please, bring it to me. I will be glad to do something about it and see that it gets to the courts.

I guess when given the choice between backing up slander and ranting even crazier, you chose the only path you could really take.

Originally posted by Ron Paul Girl

I'm not saying he IS an illegal alien, but ....

But you are...

This is really scary. I can't believe there's a very good chance that we will have an illegal alien as our next president and most people don't even have a problem with that!

Maybe you need to reread what you wrote or you do not understand how the English language works but what you have said is that there is a good chance this man will get into office, this man who is an illegal alien. Not that there is a good chance he is an illegal alien. See the difference?

Originally posted by redhatty
Unfortunately, it seems BY STANDING LAW that the public will only have standing IF Obama wins the general election.

The 20th amendment to the constitution, section 3, describes when qualification occurs:

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

If Obama wins the election and becomes "president-elect" then every citizen in the United States has a constitutional right to see the qualification; 35 years of age, resident of the US 14 years, natural born citizen.

But unfortunately, a perceived injury or potential injury is not an injury in fact, and therefore fails the "standing test." It is not until the time (should it happen) that Obama becomes President-elect that any real injury would occur - which would give the public standing.

All US citizens have a constitutional right to see the "president-elect" qualified. Failure to perform the qualification of the president-elect, which is by law the responsibility of congress, is an infringement of a constitutional right bestowed on all citizens by the 20th amendment.

Should Congress fail in it's duty to assure that Obama is fully vetted and eligible to become President, then and only then will the US Public have standing.

Sadly... I see a Constitutional crisis in our future

Edit: correct typos

[edit on 10/25/08 by redhatty]

WOW, I can't even begin to imagine such a blood bath. Will those standing on the constitution simply cow down and allow this to go by the wayside if Obama is elected, because, if they don't, and they're right, and they win, there will be a bloodbath in the streets of America's cities. In all honesty, if it does turn out that Obama isn't a natural born citizen, and he's been hiding it, and he actually gets elected but is found to not be qualified, he should go to prison for the rest of his life because of the horrors that will be inflicted on this nation as a result.

Originally posted by Tiamanicus

Originally posted by Ron Paul Girl

I'm not saying he IS an illegal alien, but ....

But you are...

This is really scary. I can't believe there's a very good chance that we will have an illegal alien as our next president and most people don't even have a problem with that!

Maybe you need to reread what you wrote or you do not understand how the English language works but what you have said is that there is a good chance this man will get into office, this man who is an illegal alien. Not that there is a good chance he is an illegal alien. See the difference?

I already clarified my statement, so you know what I meant. I didn't say, "this man who is an illegal alien." You infered that. Anyway, I clarified it. And, I didn't see your post about it until after my next post, so chill out and go take a pill or something. Go attend an Obama rally. That should mellow you out some.

Originally posted by Ron Paul Girl


WOW, I can't even begin to imagine such a blood bath. Will those standing on the constitution simply cow down and allow this to go by the wayside if Obama is elected, because, if they don't, and they're right, and they win, there will be a bloodbath in the streets of America's cities. In all honesty, if it does turn out that Obama isn't a natural born citizen, and he's been hiding it, and he actually gets elected but is found to not be qualified, he should go to prison for the rest of his life because of the horrors that will be inflicted on this nation as a result.

If Ron Paul uses lazer beam eye power to set random people on fire and his VP runs aroud raping trees and furniture, what a dark day for America that will be. Something must be done to stop this imaginary situation that is very unlikely before it happens. I say we start arresting people and stopping them from running for office based on our gut feelings like this. That would be more American anyway. Innocent until proven guilty? pffffft. What crazy socialist crap is that. I say we go get Ron Paul and fit him with permanent eye patches to keep him from using the lazers he may have and may use and it may be bad.

And this, by Ron Paul girl also supports what I'm saying.

He apparently also realizes that his supporters don't give a rip if he's a natural born citizen or not and I would even go so far as to say that HE believes HE is what AMERICA needs and it doesn't matter where he was born, or whether or not he's an illegal alien.

I believe the PTB have really whipped us into a frenzy. Now we have roughly half the population of the country who are going to SCREAM that the Constitution doesn't matter in this case. I am impressed with their ingenuity.
Very clever in an evil and underhanded way. But then again, when haven't they been?

I'm no lawyer or anything, but it seems to me that when you run for public office especally POTUS you're opening yourself up to everything. If the people you're trying to get to vote for you ask for your credentials, they should be required to supply them and not hide them away. On one hand, I can understand the whole "burden of proof" agrument on being the plantif and not the defendent, but this seems to me on it's face to be a matter for the a citizen asking for proof of someone's elegiiblity to be POTUS.

As to why other candidates didn't bring it up, maybe it never occurred to them. Everyone just assumes that when you're running for something like POTUS that you'd have your ducks in a row. I also find it unlikely that the Clinton political machine wouldn't have dug into it, but maybe it's a part of the plan somehow. The Clintons did get a lot airtime at the DNC which I thought was odd. Obama should have been like, This is my show, Clinton lost deal with it" instead it was a Clinton family reunion.

Does Berg have his own personal agenda in this? Most likely. Could have better sources than tabloids? Definately. When it's all said and done, it's simply a voter saying "Show me unrefutable proof and I'll leave you alone". Instead of simply putting the matter to rest, the DNC is blocking all access to this document that would make this a moot point and this Berg look ridiculous.

Originally posted by Ron Paul Girl
Go attend an Obama rally. That should mellow you out some.

As I stated before, I am not an Obama supporter. I am just a little sick of seeing all these lies presented on ATS about him. This place is supposed to be about denying ignorance. Where are the threads on McCain and G.Liddy's close friendship? He is a domstic terrorist too. Convicted! But no, there is thread after thread about this crap. 3 threads started just to bash random imaginary black muggers who carve backwards. There are two threads on this rolling around with all these "facts" being spit out by McCaine supporters. I expect that crap on a political site, not one that is supposed to be about getting to the truth.