By Michael Webster: Investigative Reporter Aug 22, 2008 10:30 AM PST
The complaint is asking for declaratory (asking the court to declare Obama is not a US citizen, a “natural born” citizen and not eligible under the qualifications of the US Constitution to run for Office of President).
The law suite is asking for a temporary restraining order (TRO) prohibiting Obama from running for President until documents are provided proving he is eligible to run for POTUS.
The lawsuit was filed by a Phillip J. Berg (former chair of the PA democratic party) in Philadelphia courthouse against Barack Obama and the DNC for Obama’s ineligibility to run for President of the United States based on his not being a “natural born” citizen:
The lawsuit contends that Obama has held multiple (Kenya and Indonesia citizenships) and that he was actually born in Kenya, not Hawaii as Obama has claimed. The lawsuit has also been filed against the DNC.
The prominent Philadelphia attorney and Hillary Clinton supporter filed the suite in the U.S. District Court for the Eastern District of Pennsylvania against Illinois Sen. Barack Obama and the Democratic National Committee. The suite further seeks an injunction preventing the senator from continuing his candidacy and a court order enjoining the DNC from nominating him at the upcoming Demo convention.
The law suite claims that Sen. Obama is constitutionally ineligible to run for and hold the office of President of the United States.
Phillip Berg, the filing attorney, is a former gubernatorial and senatorial candidate, former chair of the Democratic Party in Montgomery (PA) County, former member of the Democratic State Committee, and former Deputy Attorney General of Pennsylvania. According to Berg, he filed the suit--just days before the DNC are to hold its nominating convention in Denver--for the health of the Democratic Party.
"I filed this action at this time," Berg stated, "to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated."
Berg cited a number of unanswered questions regarding the Illinois senator's background, and in the lawsuit documents maintained that Sen. Obama is not a naturalized U.S. citizen or that, if he ever was, he lost his citizenship when he was adopted in Indonesia.
Berg also cites what he calls "dual loyalties" due to his citizenship and ties with Kenya and Indonesia.
Even if Sen. Obama can prove his U.S. citizenship, Berg stated, citing the senator's use of a birth certificate from the state of Hawaii verified as a forgery by three independent document forensic experts, the issue of "multi-citizenship with responsibilities owed to and allegiance to other countries" remains on the table.
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.
Moreover, even if Sen. Obama could have somehow been deemed "natural born," that citizenship was lost in or around 1967 when he and his mother took up residency in Indonesia, where Stanley Ann Dunham married Lolo Soetoro, an Indonesian citizen. Berg also states that he possesses copies of Sen. Obama's registration to Fransiskus Assisi School in Jakarta, Indonesia which clearly show that he was registered under the name "Barry Soetoro" and his citizenship listed as Indonesian.
The Hawaiian birth certificate, Berg says, is a forgery. In the suit, the attorney states that the birth certificate on record is a forgery, has been identified as such by three independent document forensic experts, and actually belonged to Maya Kasandra Soetoro, Sen. Obama's half-sister.
"Voters donated money, goods and services to elect a nominee and were defrauded by Sen. Obama's lies and obfuscations," Berg stated. "If the DNC officers ... had performed one ounce of due diligence we would not find ourselves in this emergency predicament, one week away from making a person the nominee who has lost their citizenship as a child and failed to even perform the basic steps of regaining citizenship as prescribed by constitutional laws."
"It is unfair to the country," he continued, "for candidates of either party to become the nominee when there is any question of the ability to serve if elected."
More Articles by Michael Webster go to: www.lagunajournal.com
More details about the lawsuit can be found at the following web sites: http://tncwatch.com/2008/08/obama-and-dnc-sued-in-philadelphia.html
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