Berg v. Obama Update -- Wednesday, August 27
Dissecting, and Refuting, Philip Berg's Perjury Claim
In addition to his argument that Barack Obama may never have reinstated his U.S. citizenship after being adopted by Indonesian step-father Lolo Soetoro--and therefore could not maintain dual Indonesian-American citizenship due to laws on the books at the time--Philip Berg made available a copy of his Illinois Attorney's Registration and Disciplinary Record and suggested that his failure and refusal to list "Barry Soetoro," the name under which he registered for his school in Indonesia (he also registered as an Indonesian citizen and a Muslim), amounts to perjury.
The record clearly shows that Obama listed "none" in the field Berg purports to be reserved for any former names used by the attorney in question.
There's a problem, however.
According to the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, the "full former name(s)" field is reserved for names which have previously appeared on the Illinois Master Roll of Attorneys and is NOT meant to include any names adoption prior to obtaining a license to practice law in Illinois.
A telephone call to the ARDC's offices confirmed that particular interpretation of the information on the commission's Web site.
Therefore, the only way that Barack Hussein Obama's Attorney Registration form would include the names "Barry Soetoro" and "Barry Dunham" would be if he originally became licensed to practice law in Illinois under those names and changed it through the ARDC afterward. For example, Michelle Obama's Attorney Registration information clearly shows her maiden name, Michelle Lavaughn Robinson, in the "full former name(s)" field. So, according to the ARDC, I think it is fair to say that Barack Obama was under no obligation to include any other names on his registration form.
"If that truly is the case," said Philip Berg when I called him this afternoon, "then I could be wrong on this particular issue. Unless the instructions weren't clear as to how to fill out the form."
By employing that caveat, I'm guessing that he could possibly push a "reasonable person" standard in pursuing this aspect of his action, claiming that if a reasonable person filling out those forms would be inclined to put all former names in that field--as opposed to only those names under which they've practiced law--then Obama would have had to do the same. Again, I'm guessing here, as I do not know if the reasonable person standard has any place in perjury claims. I may be many things, but I am no T.J. Hooper.
I did not have to guess, however, when it came to Berg's optimism about the potential outcome for the action as a whole.
"We still feel that we're right, and the evidence will come out that [Obama] is not eligible to be president," Berg said. "We've been fielding so much information and getting so many telephone calls. We've had millions of hits on our Web site. We've received phone calls and e-mails from lawyers, from immigration officials, and we do feel as though things are going to break open."
Personally, I believe the perjury claim to be poorly founded, hastily researched, and off-base. Still, the other issues raised by Berg in his civil action have yet to be addressed in such a matter -- even the certificate of live birth which has been both authenticated and deemed a forgery lacks such vital, credibility boosting information as the hospital's name and Barack's birthweight. Consider that only two years ago when my daughter was born, we had a partially hand-written hospital copy birth certificate--the original stayed with the hospital--showing not only the hospital's name but also her birthweight of five pounds, five ounces (she was six weeks early); perhaps, in the interest of being forthright and putting such claims to rest, Barack Obama could provide the same.
Point being, while this obviously lacking perjury claim has been all but shown to be ill-founded, I feel as though we are still constitutionally obligated as Americans to pursue debate about the rest of these claims until each can be proven the same or otherwise. And, again, this has little to do with the Illinois senator himself -- I would suggest the exact same thing if the subject of the allegations were John McCain, Mitt Romney, Hillary Clinton, or anybody else for that matter. This is not simply a job in the mailroom of the Department of the Interior or handing out parking tickets on Capitol Hill -- this is the presidency of the United States of America. Our founding fathers wanted to be absolutely positive that the person to lead this country had undivided loyalty to Her, and we should do everything in our power to honor their intentions.
All that being said, a little update on the progression of the lawsuit:
According to the District Court's Web site, the U.S. Attorney's Office has accepted service on behalf of the Federal Election Commission and, curiously enough, the Democratic National Committee as well.
"I'm not sure I understand why, either" said Berg of the U.S. Attorney's Office's acceptance of service on behalf of the DNC.
Regardless, service of those two parties has been made, and answers from both are due on October 21. Barack Obama still remains to be served.


25 comments:
A telephone call to the ARDC's offices confirmed that particular interpretation of the information on the commission's Web site.
Thanks for putting the final nail in that coffin. It seemed quite clear for anyone who read the ARDC's website regarding name changes. I'd sent them an EMail a while back asking for the same confirmation but received no reply.
k
Berg vs. Obama, Civil Action No. 08-cv-4083, in Federal Court
What is going on here! Is it true that Obama was born in Kenya Africa. Is it true that there are no records of his mother giving birth to him at any hospital in Hawaii.
Is it true that his Grandmother, and half-sister have said he was in fact born in Kenya.
Is it true that Republicans have records to prove Obama was born in Kenya.
And is it true that he was registered as a citizen of Indonesia as a Muslim.
Is there any truth to any of this. Where is the major media on this story. Have they investigated this. Has any of the above been proved untrue.
If any of the above is true this is very serious.
What's up!
Looking at the results of a nation broken by the lack of leadership by a number of presidents who were 'natural-born', I'd say I frankly don't care where they're born, so long as they have the best interest of our country at heart.
I'm voting for Nader, but if he has no chance, I want Obama to take his turn at leadership - he certainly can't do any worse than the myriad of presidents that have preceded him! /ds
The issue is not who can do worse or better. The issue is Obama cannot legally hold office of the President of the United States. And yet, the DNC, and the mainstream media won't even pick up the story. Someone needs to blow this thing wide open. This whole set of circumstances shows that the laws set forth by our Constitution mean nothing to the mainstream media or the Democratic party.
I'm voting for Nader, but if he has no chance...
If? Now THAT'S optimism! ;)
k
With all due respect, I can't agree with "Happy." To ignore the written directives of the Constitution (simply because, in Happy's and undoubtedly the opinion of many others, this candidate couldn't "do worse" than various and sundry predecessors)only opens the proverbial door to other future deliberate, possibly malicious misinterpretations and attacks on the basic principles that this great Nation was founded upon.
While many of us will point out (arguably with good reason) that we have already traded away many of our Constitutional freedoms, I fear that our silence on this matter would only make all of us complicit in a possible "cover-up." If, as evidence seems to indicate, there IS a question about Sen. Obama's status as an American citizen, I see no reason why he doesn't come forward and offer solid, incontrovertible proof of his citizenship.
If Obama can successfully claim to be eligible to run for president despite having a history of multiple citizenships, then I don't see why Arnold Schwarzenegger couldn't run for president either in 2012.
...I see no reason why he doesn't come forward and offer solid, incontrovertible proof of his citizenship.
But what exactly would that be?
k
Until it is established what Barack Obama's legal name is, there is still a possibility he has committed perjury many times simply by using the name "Barack Obama" falsely as his legal name.
If his name was once legally Barry Soetoro or one of his other aliases, when did he change it to Barack Obama?
Quit posting garbage dude.
http://www.snopes.com/politics/obama/citizen.asp
.....
The point is clear, the people deserve the right to see a REAL birth certificate from Honolulu
you're a hack, and i'm guessing you aren't doing so well in law school. please don't choose this as a profession. thank you.
A member of the Hellenic American Democratic Association in Athens, Greece, puts forward the theory that "if there is something factual about the Berg lawsuit then Barack's rise may indirectly have been intended to bring about change in the rule that the President needs to be native born, and by removing this major roadblock paving the way to the presidency for Arnold."
W. Hall, Aigina, Greece.
snopes.com GIVE EM A BREAK... who suddenly made them the authority? If you read much on their website it is very obvious that they are not an unbiased bunch... they are Obama supporters so of course they are going say this is not true.
...I see no reason why he doesn't come forward and offer solid, incontrovertible proof of his citizenship.
But what exactly would that be?
k
--------------------------------
Well, he could immediately request a certified birth certificate from the State of Hawaii. (The document shown on this site appears to be a birth extract, rather than a complete certificate.)
Typically birth certificates contain such information as the full name of the child, the day and time of birth, the full names, addresses and sometimes the professions of each parent, the name and address of the hospital, and is signed by the mother, the delivering doctor, and an agent of the hospital.
After obtaining the certified birth certificate, he can then send it to the Secretary of State of Hawaii to have an "apostille" made for the document.
An apostille will authenticate the actual birth certificate document, and verify that it was produced and signed in accordance with State laws. Documents with apostilles are recognized as legal certificates internationally.
Now, if by some remote chance Sen. Obama has a "friend" in Hawaii who can actually make a "state-produced" false birth certificate, an apostille obviously will not help. If he attempts to simply have a false document created, the office of the Secretary of State is likely to recognize it as a fake and refuse to apostille the certificate.
I am choosing "anonymous" as my identity because I am unsure what the ramifications are of "name/url" and "open identity."
I am responding to the comment:
"Typically birth certificates contain such information as the full name of the child, the day and time of birth, the full names, addresses and sometimes the professions of each parent, the name and address of the hospital, and is signed by the mother, the delivering doctor, and an agent of the hospital. "
I have my mother's birth certificate, mine, and my daughter's. The content differs depending on the state where someone was born. The Pennsylvania birth certificates state the city of birth, but not the hospital. And was Barack born in a hospital, or was he born at home? My daughter was born at home.
I agree that it is important that the information is accurate. I find it interesting that there is a microscopic search for possible problems. The certification of live birth looks pretty darn official to me. I agree that an apostille would increase the credibility of it.
I also must say that I was more concerned about fraud when I first read about this issue. After having read about the supposed issue of perjury, I begin to feel that this is someone just trying to stir up trouble. To say that Barack could have perjured himself for giving accurate information, when other people might have misunderstood what was being asked, is absolutely ludicrous.
So I go back to trusting the certificate I see in front of me.
I wonder, like someone else did earlier, exactly what kind of "proof" would be adequate to some people blogging here. And especially, please askk yourself whether you would ask the same questions of any candidate in his position--or is this particular to Barack?
It is particular to Barack, particularly if there is any truth in the theory of the Obama supporter in the Hellenic American Democratic Association in Athens, Greece (mentioned above).
But in a formal sense, the same rule should apply for all.
W. Hall
It is imparative that this is investigated before the election.. Obama's birth certificate and the age of his mother.
Ann Dunham - Barack Obama's mother
was born November 29, 1942..so counting forward her 18th birthday would of been November 29, 1960. Ann was 3 months pregnant when she married Barack Obama Sr., they were married on February 2, 1961..making her 18 years and 3 months old. Senator Obama was born on August 4, 1961..making her 18 years and 9 months old..3 months short of her 19th birhtday.
Since her birthday was on November 29th, taking into consideration she had a normal pregancy, she could of conceived before her 18th birthday..making her 17.
Does Berg even have standing to sue Obama? You cannot just sue anyone for a generalized grievance...constitutionally, you actually have to have standing to sue someone: you have to have injury, redressability, and causation. I don't see how Berg has standing in this case and it will probably be dismissed for lack of standing...though I am sure he is just bringing the suit to get it out into the public, which he seems to have accomplished.
Looking for further updates, I came upon this radio interview with Phillip Berg, Esq. on Blog Talk Radio:
My-Two-Cents-Radio interviews Phillip Berg, Esq. about Federal suit to determine Obama's eligibility for candidacy.
I live here on the big island and last week the attorney general of Hawaii produced a legal birth certificate and other documentation that he said proves Obama was born here and is a legal citizen of the USA. He called doubters "ridiculous, uninformed and crazy!!" He said he has all the necessary documentation to refute any claims. It's prety much put to rest here. they've even interviewed the MD who delivered Obama here in hawaii. He's our favorite son and most here are disgusted with how he's been treated. Good luck Mr Berg, looks like you lose AGAIN!!
If Mr. Obama wishes to occupy the most powerful position in the world, should he not be open and honest? All He has to do is to present his credentials for inspection by the appropiate authorities. I am sure Mr Berg would be delighted to be proved wrong. Alas, the truth is too fragile; and we prefer lies and deception. B.S. and whitewash are the currency of politicians while they are picking our pockets and making life difficult for us with more controls. We get what we elect!!
Below is a petition someone started to get Congress to settle the Berg lawsuit by having Senator Obama present the records requested. The real story is why Obama is fighting the case and not just producing the documents.
Here is the link to the petition;
http://www.rallycongress.com/constitutional-qualification/1244/stop-obama-constitutional-crisis
So far Mr. Obama has refused to produce the documents and is trying to fight the court order to produce the documents.
Any American should be able to prove citizenship in less than a day. Why can’t Mr. Obama?
Here is a link to the actual court documents - http://news.justia.com/cases/featured/Pennsylvania/paedce/2:2008cv04083/281573/
A constitutional crisis will rip our country apart. If this is not cleared up now we will have a crisis. If you care at all about America you must call for Mr. Obama to produce the documents and prove that he is eligible to be President.
Oh my God!
I had totally blown this off as a lunatic conspiracy theory.
In light of Obama's true purpose for going to Hawaii just now, I see it's true. He was worried about a possible deathbed confession or revelation, so he went to the Hawaii Supreme Court to further block the investigation.
He guilty!
Jeff,
There seems to be some attention to this form, ARDC's registration form. There were several references to it yesterday and today and the links provided came up with nothing. This copy in your website is the only one I could find.
Post a Comment