Probably the suit will be thrown out is my bet.

He is a Clinton supporter, go figure.

Probably the suit will be thrown out is my bet.

Posted by danni

The legal one or the empty one?

W, I love how you compare Obama to an empty suit when McCain can't speak without someone feeding him his words.

Tax, if it makes you feel any better, I doubt he'll get my vote.

Tax--you must have missed the Faith Forum..

So does the guy get an injunction before Obama is pronounced the winner at the convention next week?

Ummmmmm dont'cha think the Federal Election Commission would have said something if Obama wasn't eligable to be President. What utter Garbage.

Larry

Everybody is pooh poohing this story but did any of you read it??? How could you have when the guy who posted it didn't provide a link to the story!

The legalities of the lawsuite perk my interest.

Here's the story.

lawsuit obviously has no "e" on the end

If this lawyer knew about it then why did he wait until the last second to file his lawsuit
right near the weekend of the Democrat convention.

Obama better get his legal team all over this lawsuit -- and fast!
If he doesn't then it means this lawsuit has legs and the Dems are in real trouble.

It's getting no mention on the Drudge Report. You would think Matt would be all over this.

CalifChris go read the US Constitution sometime. There is NOO qualifications upon the Parents of the one running for President. ONLY requirement is He or She must be a Natural Born American Citizen which Obama most definitely IS.

Larry

Oh and His Mother was born in WICHITA Kansas which Automatically makes Her a US Citizen. Unless of course Kansas ain't part of the United States.

Larry

Wrong, Larry. READ my link. His mother had to be over the age of 19 when she gave birth in Kenya to Obama in order to make him a U.S. citizen if he was born outside the U.S. She was 18 at the time. I'm just giving the details from the lawsuit. The court will have to decide.

Wonder who was behind this lawsuit?
Who still has her name as a nominee at the Dem convention? Hmmm.

CC, I googled the attorney and he has been behind some questionable lawsuits, it seems to be his fortay. With that said, it is his burden to prove all of these allegations and it appears he has little evidence to meet his burden.

BULLSHIT CalifChris and You know it. It doesn't matter HOW old the Gal is when She gies Birth to a Baby. As long as She is a US Citizen the Citzenship is passed to the Child. So sorry CalifChis.

Larry

PS Obama was born in Hawaii NOT Kenya but that escapes SOME peole.

TaxDaddy
(that's my new name for you until the baby is here!)

Sure the lawyer has to prove the allegations and if he brought a frivilous lawsuit he could be legally reprimanded for it. That said, the guy is suppose to be a prominent attorney (according to the article) so I doubt he'd bring this lawsuit with no merit.

I find the biggest legal threat from just giving this a quick read is the fact that Obama's mother was age 18 when she gave birth to him in Kenya. If true, then she could not register his birth in Hawaii as a legal U.S. citizen as she did when she returned from Kenya as she would have had to give birth to him at age 19. How did he get elected to the Senate I wonder. Surely he had to provide proof of citizenship at that time, don't you think?

This lawsuit has the Clintons written alllllll over it!

snopes.com: Is Barack Obama a natural-born citizen of the U.S.?

Larry's right; Chris is wrong.

so I doubt he'd bring this lawsuit with no merit.

From what I can see he has filed a RICO case against George Bush in connection with 9/11; he filed a suit to disbar Scalia, Thomas and O'Connor; and then there is this:

Finding that a Pennsylvania lawyer had committed a "laundry list of unethical actions," a federal judge has imposed more than $10,000 in sanctions and ordered the lawyer to complete six hours of ethics training.

U.S. District Judge J. Curtis Joyner's 10-page opinion in Holsworth v. Berg is packed with criticism of the conduct of attorney Philip Berg of Lafayette Hill, Pa.

"Other attorneys should look to Mr. Berg's actions as a blueprint for what not to do when attempting to effectively and honorably perform the duties of the legal profession," Joyner wrote.

This lawsuit has the Clintons written alllllll over it!

Nah, it is just a guy who wants to get his name in the papers.

Barack Obama, Natural Born U.S. Citizen, Birth Certificate Real, Eligible to be President

TaxDaddy

Be careful you don't get swept up in minutae because you are on Obama's side. I'm not for or against, but I guess because I have a legal background I'm able to look at this entirely thru neutral eyes when I'm picking it apart on legalities.

I'll take you thru it step by step as I see it, but doesn't mean I'm right,

Ready?

Let's say that "YES" Obama's Hawaiian birth certificate is real, was issued in Hawaii and not a forgery or fake, okay? Fine.

Here's the catch and the biggest legal hurdle as I see it --

Obama's Hawaiian birth certificate was issued on the basis of a belief that Obama's mother was LEGALLY able to claim that her child Obama born in Kenya qualified LEGALLY as being a U.S. citizen.

IF what the lawsuit has stated -- that in order for his mother to have given birth to him in Kenya and be able to come back to Hawaii and register his birth as Obama being a legal U.S. citizen even though born outside the USA -- the law on the books at the time states that the mother had to have been 19 years old or older at the time of Obama's birth. His mother was 18.

IF that's true, the she did not have a legal right to have his birth registered in Hawaii as a legal U.S citizen.

This news came out yesterday on all the blogs.

It's BIG news, if true.

Wonder why it wasn't on DrudgeReport or even on DR. hmmm

Be careful you don't get swept up in minutae because you are on Obama's side.

Oh I am not. I would think this guy is questionable if he had filed a suit saying McCain is a Manchurian Candidate. He seems like he may be a media seeker. Plus, it takes a lot to get admonished in court like he was. With that said, you are right, if this guy is right, it is huge. But I don't think he has a case.

Terribly Sad people fall for the Bullshit. Oh and CalifChris this has been going on for MONTHS now. IT IS BULLSHIT. It's BUNK.

Larry

It's very easy to prove or disprove.

Simply get a copy of the law on the books at the time Obama was born requiring the mother needed to be 19 in order to have a child born overseas registered as a legal U.S. citizen when she got back to the States

and

Get a certified copy of his Mother's birth certificate and make sure she was the legally required age of 19 at the time of his birth to have him registered as a legal U.S. citizen.

Case closed

Interesting, I kind of think baghdad bob mccain is in the same area of concern.

"a child born overseas"

Hawaii wasn't "overseas," it was a State.
Still is.

CC, the burden isn't on Obama to prove anything. This guy has to prove Obama is not a US citizen, and it doesn't appear he has the evidence. He can't prove Obama was even born in Kenya.

CalifChris You know how I know You are full of shit on this??? It doesn't matter what the Law was on the books at the time of His Birth(I am using Your argument right now) All that matters is what the law is at the time He filed to run for the Presidency. All the rest is BULLSHIT.

Larry

TaxDaddy

I guess this should be simple enough to prove then.
Here is what I found so far which relates to the different stories being told --

In the lawsuit, Berg states that Sen. Obama was born in Kenya, and not in Hawaii as the senator maintains. Before giving birth, according to the lawsuit, Obama's mother traveled to Kenya with his father but was prevented from flying back to Hawaii because of the late stage of her pregnancy, "apparently a normal restriction to avoid births during a flight." As Sen. Obama's own paternal grandmother, half-brother and half-sister have also claimed, Berg maintains that Stanley Ann Dunham--Obama's mother--gave birth to little Barack in Kenya and subsequently flew to Hawaii to register the birth.

Berg cites inconsistent accounts of Sen. Obama's birth, including reports that he was born at two separate hospitals--Kapiolani Hospital and Queens Hospital--in Honolulu, as well a profound lack of birthing records for Stanley Ann Dunham, though simple "registry of birth" records for Barack Obama are available in a Hawaiian public records office.

Should Sen. Obama truly have been born in Kenya, Berg writes, the laws on the books at the time of his birth hold that U.S. citizenship may only pass to a child born overseas to a U.S. citizen parent and non-citizen parent if the former was at least 19 years of age. Sen. Obama's mother was only 18 at the time. Therefore, because U.S. citizenship could not legally be passed on to him, Obama could not be registered as a "natural born" citizen and would therefore be ineligible to seek the presidency pursuant to Article II, Section 1 of the United States Constitution.

LARRY - I'm not ignoring your posts. I'm reading them. I just don't have time to address everyone twice on the same issue. So this one is for you too.

Got to run, later.

Keep repeating the same tired assed lines CalifChris. It's BUNK

Larry

Keep repeating the same tired assed lines CalifChris. It's BUNK

Larry

tired ass lines = CRUX of the lawsuit

Don't tell me, tell it to the judge.
I didn't file the lawsuit.

I wonder, could this lawsuit possibly be the reason why Obama still has not announced the name of his VP? The media is going nuts trying to figure out why he hasn't announced the name today like he said he would. I don't know.

Why won't He announce His running mate today easy peasy. Keep the focus upon Him takes away the focus on McCain. Just like those fuck weasels that do those prime time shows. Remember like knots landing, Dallas, Simon and Simon. When they said at the end of the programme. Tune in next time to see if (Insert Character here) gets the bad guy. Teasers make You want to stay tuned. I mean what would the point be if they ACTUALLY TOLD You what was going to happen in the next episode?? Hell I wouldn't waste my time tuning in if they did that.

Larry

Seeing how he was born in the U.S. (Hawaii) this is a frivolous lawsuit

Interesting to see the normally level-headed CC go off the deep end on this one.

Who's saying he was born in Kenya? That's ludicrous.

Both his parents were attending the University of Hawaii when he was conceived and when he was born. Obama Sr. never left the country, but did leave Ann when Barack was 2, and Sr. left for Cambridge to attend Harvard.

He was born at the Kapiolani Medical Center in Honolulu.

I suppose the wingnuts want to claim that Kapiolani altered their records in 1961 as part of some Muslim Manchurian Candidate plot?

Man, the stuff just gets funnier and more ridiculous all the time.

Chris - girlfriend, I love ya, but you are so wrong on this one it is not even funny. This has been gone over and over and over on numerous blogs and has been found to be complete and utter tripe. EVEN the site that was doing all this "investigative" work found out in the end (thanks to a birth announcement in the local Hawaii paper) that YES Barack was born in the US. The site that started it all Texasdarlin, has long since moved on from the "Barack was born in Kenya" meme to NOW he has dual citizenship with the US and Indonesia due to his so-called adoption by his Indonesian step-father. The "so called" experts who posted stuff about the "fraudulent" birth certificate etc., have now been thrown under the bus by Texasdarlin and she is hanging her hat, so to speak, on a guy called Judah, who as a non lawyer, is writing very rambling and to be honest to those in the legal community, incoherent interpretations of the constituion and various other precedents to prove that Barack has some sort of quasi dual citizenship with Indonesia. The Berg guy has simply taken every single tin foil hat theory that has ever been posted at Texasdarlin and crafted it into a lawsuit. It is based upon lies, falsehoods, inuendo, and to be honest conspiracy theories that would make the 9/11 truthers blush (of which Berg is one).

Getting to the technical aspects of this (its what I do). The Judge has already denied the request for a Temporary Restraining Order (stopping the DNC nominating Barack), which would give the indication that the Judge believes that the request (for the TRO) has no merit. As of now Berg has an uphill climb to get passed a motion to dismiss, then passed a summary judgment and then if he EVER gets to a trial (which I seriously doubt) then he would be faced with Rule 702, which he simply cannot overcome. (to be continued)

To begin with the first thing the Obama lawyers will do is file a motion to dismiss based upon rule 12(b)(6) of the Federal Rules of Civil Prodedure. Basically the motion will state that the plaintiff (Berg) cannot produce evidence sufficient to the court to find that a cause of action exists. Berg CANNOT state a claim upon which relief can be granted because his allegations rest upon "expert witnesses" who are anonymous bloggers, as well as "anonymous" website discussions. If Berg can somehow identify "Techdude" "Texasdarlin" and the other so-called experts then they would then have to prove that they are "qualified" as experts to satisfy the courts. Rule 702 of the Rules of Evidence States:

Rule 702. Testimony by Experts

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case
(continued)

Personally I believe that "Techdude" (the expert)is a plant, he has been created simply to make the "Cult of the COLB" people look stupid. He purposefully posted a resume of a KNOWN document expert as his own (line for line), I think he was leaving breadcrumbs for the people who would look to discover that he was in fact a fraud. He led "Texasdarlin" and those at NQ down the garden path and totally took them into never land he even posted that he had received death threats and a "dead rabbit" had been nailed to his door. NQ has since disowned Texasdarlin and Texasdarlin has since disowned "Techdude". It was, in my opinion a very clever con, "Techdude" kept posting more and more outrageous revelations that he had found about the birth certificate until it got downright silly to be honest, he actually said that Barack had forged his COLB from a copy of his sisters, and that he had discovered the original print on the COLB as being that of Barack's sister, only problem with that is that Barack's sister was born in Indonesia and would NEVER have had an Hawaii COLB. That should have given them a clue, but nope they went along with it.

Bottom line, once the Federal Judge picks himself up off the floor after pissing himself laughing over this, it is going precisely nowhere.

so for 8 years we ignore and override the constitution and now we hang on every word?

figures.

Lip--you dont mean that...this is the POTUS we are talkign about...

As for Obama--everything points to him being born in Hawaii in 1961.

Hawaii became a state in 1959.

If the Kenya thing is right--Jerome Corsi missed it in his book. I doubt he would miss THAT.

And since she is an American citizen--doesn't the 14th Amendment come into play here?

McCain can't speak without someone feeding him his words.

Posted by taxman at 2008-08-22 05:25 PM | Reply | Flag: Flag: (Choose)
FunnyNewsworthyOffensiveAbusiv
e

NONSENSE>........you are wrong here.....someone would have told him to say that he didnt know how many houses he owned...........yuk yuk

Leave it to the Cons to come up with some bs that has nothing to do with the issues.

Why doesn't one of 'em sue W for running up a huge deficit?

Because John--we would have to get in line and include the entire Congress that voted for the pork and on and on--

Our way out is elections...

Too bad we have two less than desirable people running for POTUS.

There's clearly no soap on this, but it'd be downright hilarious if there was.

For once, instead of being the one who uses dirty tricks to remove his opposition and run unopposed.... he'd be the one removed. Twould be truly poetic in it's occurrence.

Murhpy

And since she is an American citizen--doesn't the 14th Amendment come into play here?

No, not in this case if the allegation Obama's mother was 18 (not 19 as the law demands) is true. Should be an easy matter to clear up with the records. Here's the applicable law in place when he was born:

Should Sen. Obama truly have been born in Kenya, Berg writes, the laws on the books at the time of his birth hold that U.S. citizenship may only pass to a child born overseas to a U.S. citizen parent and non-citizen parent if the former was at least 19 years of age. Sen. Obama's mother was only 18 at the time. Therefore, because U.S. citizenship could not legally be passed on to him, Obama could not be registered as a "natural born" citizen and would therefore be ineligible to seek the presidency pursuant to Article II, Section 1 of the United States Constitution.

It might be a publicity stunt because the lawyer who filed the lawsuit has NOT yet formerly served the complaint on Obama. Anyone can file a lawsuit but it doesn't have legs until it's served on the defendant.

sorry, the tiny wording should not have been in quotes. I wrote it.

CC

I've posted this before. Since Obama was born in Kapiolani Hospital in Honolulu this isn't even an issue. The hospital has records of his birth.

Case closed.

The Soetoro birth certificate is apparently on file. The claim is that Obama was adopted by his mother's husband, the Indonesian Soetoro, and went to live in Indonesia, where he was registered as a Muslim at his school.

If this birth certificate replaced the original, which may or may not have named a father, then there probably was an original birth certificate on file. This would indicate that Obama was a native born citizen. He would be a native born American, born in 1961, two years after Hawaii became a State, and so born in a State of the United States. Obama would be a citizen, qualified for the office.

I do not think that his citizenship could be revoked by a declaration by another person, his adopted father, was he, Soetoro.

I wonder if the idea is to raise the matter of his previously unheralded putative adoption by Soetoro as a political ploy rather than there actually being any doubt as to his qualification on the basis of citizenship.

Was Obama actually adopted?

Was Obama's putative natural father a bigamist? Was Obama born a bastard because his father lacked the capacity to marry because he was married to another, or because his parents never pretended to marry and so never registered a marriage? Would that be a factor in the election? Certainly not among those who support Obama.

Hm. A Hillary supporter filed the petition. It is a late date. But again. The fat lady hasn't sung yet. You can count a Clinton down, but not out.

If Obama were actally born in Kenya, and if his parental relatives assert such a claim, then their affidavits could be entered into evidence.

It'd be a prima facie case built on the affidavits of percipient witnesses.

It would be quite a mess.

I doubt if the denial of a TRO would be of much significance, since there is no irreparable harm to be avoided by the convention proceeding.

AU

Since Obama was born in Kapiolani Hospital in Honolulu this isn't even an issue. The hospital has records of his birth.

The lawsuit claims there are records involving questions of two different Hawaiian hospitals. The case is simple and has NOTHING to do with any adoption -- that would not make a difference in the legality of his citizenship.

The question is IN WHAT COUNTRY was he born.
Not what state "issued" and/or "registered" his birth certificate.

Where was he physically born?

Why can't his mother open her mouth and just clear this up? Why is Obama letting this sit out there in the public domain? Should be easy to straighten it out fast, don't you think? What country was he born in, what age was his mother at the time of his birth? Easy questions to answer.

Unless this lawyer is only filing the lawsuit to stir up doubt and cause confusion. He is a friend of the Clintons!

Why can't his mother open her mouth and just clear this up?

CC

She's dead.

CC

It's just another trumped up piece of BS

Also, I wouldn't take some websites word for it that a mother has to be 19.

Obama Sr. had no connection to Indonesia. He and Ann, Obama's mother, attended the University of Hawaii.

Obama was born in Honolulu.

Period.

"She's dead."

No excuse!
-The Rabid Right

CC

She's dead.

Oh. Well, so much for her disputing the claim.

Then that lawyer should be sued for filing a frivilous lawsuit.
Wonder why he'd take a chance on ruining his rep as an attorney.

Courts frown upon those types of trumped up lawsuits.

Unless this lawyer is only filing the lawsuit to stir up doubt and cause confusion.

CC

There ya go....

Hawaii was made a state in 1959. Obama was born in 1961 in Honolulu. Therefore he is an America citizen.

AU

The question in the lawsuit isn't whether he was born in Hawaii before it became a state, it's whether his Mother gave birth to him in Kenya at age 18. I don't think the lawsuit alleged anything about Hawaii being or not being a state at the time. That wasn't in question the year Obama was born.

The question is a piece of bunk...

Just like:

-He's a Muslim
-He swore his Senate oath on the Koran
-He's a Manchurian Candidate for radical Islamics
-Yada
-Yada

Anything to keep from talking about issues.

Boy, I'm sick of this kind of politics.

Now, I did post several bills that would have gone a long way to preventing unwanted pregnancies McCain voted against. THAT is relevant because it's so at odds with McCain's staunch anti-abortion stance.

He was adopted in Indonesia a by Lolo Soetoro and his name was changed to Barry Soetoro and some say he became an Indonesian citizen and even went to Pakistan in 1981 with an Indonesian passport.

"and some say he became an Indonesian citizen"

Some say?!? Is that now the barometer?

Yawn. I'd better iron my shirts

But, JOHNSON

He went to a Catholic school K-2nd grade on his arrival in Indonesia. What do you mean 'registered as a Muslim'? Hmmm No one had to specify religion.

Then, upon arriving back in the U.S. attends a Christian academy 5-12.

Highly unlikely he was ever registered as a 'Muslim' anywhere.

PS Hospitals don't give out information in their records. Ever heard of the "Privacy Act"?

And since the trip to Pakistan occurred during his college years, what you're implying is that he lived here on student visas for years and somehow got U.S. Citizenship back in time to remain here and be sworn in as a U.S. Senator - which requires you to be a U.S. Citizen.

Sorry, this whole thing makes as much sense as UFO's building the pyramids with lasers on top.

Here's a copy of his birth certificate (which I'm sure you'll claim is fake)

"and somehow got U.S. Citizenship back in time to remain here and be sworn in as a U.S. Senator "

Without anyone knowing, of course.

Of course, Danforth.

Part of the Manchurian Candidate Secret Islamic Radical plot dontcha know? (with the help of the U.S. Immigration service too)

Well, some say....

Doesn't ANYONE here think if there were a Citizenship propblem with Barack Obama that the Federal Elections Commission would have caught it at Jump Street?? I swear if Obama were all white and named John Smith this shit wouldn't even be brought up. But because Barack Obama has a foreign Father and a Muslim sounding name while being half black the shit just keeps flying. It's crazyness I tell You.

Larry

Larry,

Since being a U.S. Citizen is a requirement to serve in Congress, the thorough background check the FBI and Dept. of Homeland Security ran on Obama would have turned up any impropriety.

It didn't. This is a meaningless thread and topic.

Good to see you back Larry

AU :-)