Berg v. Obama Update — Wednesday, September 3

Summons Reissued, Obama to be Served by Tomorrow

Philip Berg, the well-known Philadelphia attorney and former Deputy Attorney General for the State of Pennsylvania who two weeks ago sued Illinois senator and Democratic Party presidential nominee Barack Obama in federal court challenging the constitutionality of his White House bid, was at the courthouse this morning to file a Praecipe for Reissuance of Summons.

While the original summons was accepted ten days ago by the U.S. Attorney’s office on behalf of the Federal Election Commission, also a named defendant in Berg’s suit, proper service never reached the Democratic National Committee or Barack Obama’s agent for service. Today’s procedure will ensure that proper service is made, but the reasons behind the procedural hiccup remain a mystery to everyone involved.

“For whatever reason, Sen. Obama never received the summons,” said Berg over the telephone this afternoon. “The court mailed everything out on August 22nd.”

This time, rather than relying solely upon the court to mail the summonses following the filing of the complaint, the papers were faxed to a court service company in Washington, D.C. While on the phone, Berg received a call on the other line and confirmed that the papers were indeed in D.C. and would be served, at the latest, by tomorrow.

Still, he said, the information about the suit is out there. It was picked up by the Washington Times and by the [Norristown, PA] Times-Herald and has spread across the Internet like a wildfire. His own Web site, the ever so objectively-named, has received more than 5 million hits. Mainstream media exposure has been understandably slow, he said, and when I asked whether he thought the deafening silence on the part of Rush Limbaugh, Sean Hannity, Laura Ingraham and more could be a sign that this information was perhaps at the heart of the GOP’s “October Surprise,” his answer was simple.

“It could be. If so, it looks like I jumped the gun,” he said, reminding me that part of his motivation for filing suit when he did was to avoid the catastrophe for the Democratic Party which would inevitably occur should the GOP bring it up closer to Election Day.

“I filed this case because of the constitutional and party implications, but I am concerned about [Barack Obama],” he said, before adding that he is still 99.99 percent certain that his allegations in the lawsuit are true. “As every day goes by without a response, I think we’re on target. Obama has a well-oiled machine that responds to everything else immediately. When McCain puts out a video, they have a response video out within hours. No comment from Obama leads me to believe that I’m correct.”



  1. Anonymous says:

    I am waiting with bated breath and praying this to be true so the vicious dems and liberal media can be told to shut up and crawl back into the snake pit from whence they came! Thanks for keeping us posted on this case.

  2. Jet says:


    Thanks so much for the update! Were you able to ask Berg as to whether he was able to secure Lolo Soetoro’s adoption papers and Obama’s Kenyan birth certificate?

  3. Larry Walker says:

    The longer the mainstream media delays, only shows their bias, and their lack of desire to report the facts and let the people judge. 2008 will go down in history as the year in which journalism died in the United States. I will personally continue to send this story to the media, and to discuss it on the blogs as it is indeed factually true and the most newsworthy story of this decade.

  4. Jeff Schreiber says:

    Jet — I did, and got a reply. He asked that it be off the record, and I feel as though I need to honor that request.

    Knowing what kind of e-mails I’ll get, accusing me of this or that, let me just say something:

    My background is as a newspaper reporter. “Off the record” means just that, so I don’t want people reading into it on either side, saying that I would have included Berg’s reply if it fit a certain mold. He could have given me a recipe for three-alarm chili — “off the record” means off the record.

  5. Jet says:


    Fair enough. Looking forward to your updates!

  6. Anonymous says:

    The forces of evil have already once denied the normal due process of justice. If it happens again, and odds favor the power structure doing it again, then it is time to start the Second Revolutionary War.

  7. LochNess says:

    Hillary’s people know about this too, and she is waiting in the wings to take over once Obama is taken out of the running. That’s why Hillary’s hench(wo)man, Nancy, called for a vote of acclaimation (with no second, since someone had caucused all the Hillary delegates at the time). That way, Hillary’s delegates are still “hers”, and she can carry an emergency vote with ease, since she never released them to anyone.

  8. Anonymous says:

    Hello, This is so obviously a set up. And “They” have known all along. It is merely a ploy to dash the “hopes of America”. After all “they” can’t always use the Supreme Court as an excuse as to who won. So, “they’ve” created this fiasco. Furthermore, there is no one to vote for… anyone with any brains or honest “represent the people” mentality is NOT allowed to get on the ticket. Whats more, they are ALL politicians, they lie.

  9. rational sane thinker says:

    This whole thing is %100 lies and slander. This guy just doesn’t like Obama and is trying to bring him down. America is being hijacked by fundamentalist right wing nut jobs and it is time for Democrats to fight back. If you get offended by this then, yes, I am talking about you. I believe that the right wing agenda is catastrophic for our counrty. End time poppycock and bible thumping has no place in federal policy.

  10. Larry Walker says:

    To rational sane thinker: It is a Democrat who filed the lawsuit so maybe you should have read the story and the legal argument before venting at us. You may be sane, but you need to work on the rational side of your thinking.

  11. Anonymous says:

    Obama’s stuttering “Huhs” Will reappear if he must address this matter, he’s out campaining in the “53 states”. Ignorance is Bliss!

  12. Anonymous says:

    Obviously the dumming down of America has included those who no longer recognize that the U. S. Constitution is the document that runs this country; or at least suppose to. There are those, which includes most of the inhabitants of Washington D. C. that believe they can operate outside the Constitution. This Barky person should never gotten this far in the process but now that we have an outsider heading to Washington, maybe there is Change We Can Believe In yet.

  13. Judgemobile says:

    I sent this story to the New York Times.Com and their ONLY REPLY was:”We cannot comment on this story AT THIS TIME.” I am glad they are not muzzling this website and the author, as I had suspected for the last few days.

  14. xbjllb says:

    “Liberal” mainstream media… that’s a laugh. The mainstream media, which is ALL 100% GOP owned and operated (look it up), is only “liberal” when it suits GOP objectives.

    And right now what obviously suits GOP objectives is to make sure this stays under lock and key until mid-October when it will be far too late for the clueless Rove-duped DNC to do anything about it.

    At which time you will all see that “liberal” media turn on a dime and rip Obama to shreds, as was planned FROM DAY ONE when Rove put Obama up to run and backed him with campaign advice and several millions of GOP internet donor and Big Oil corporate dollars.

  15. Anonymous says:

    Has Obama been served yet?!

  16. Anonymous says:

    Well said, Larry Walker. Sorta suggests things about “rational sane thinker,” doesn’t it….

  17. Anonymous says:

    I did read the brief and saw his “evidence.” It will be tossed so fast it’s not funny, and I do have the legal training to back this up. His citations are more to internet sites than case law. His logic is faulty, and his legal premise is incorrect. Berg may look like he is a qualified attorney, but his reputation is spotty. He is a 9/11 “truther,” demanded that 3 Supreme Court justices disbar themselves, and has been fined and sanctioned for ethical violations. Please see for a good breakdown of his lack of argument.

  18. Jet says:

    The DNC got served at 12pm today and Obama got served at 1pm.

  19. not a dem anymore says:

    Hey, just checking in, glad to see things are moving along…Still no media coverage…no I didn’t think there would be…I will check back tomorrow…

  20. Anonymous says:

    Deomoncrats fight back :

    Me thinks its time for Republicans to fight back , these conservatives have been sitting on there arses letting Demoncrats destroy freedoom one little chip at a time …

    Vote yu lazy Republicans …

  21. Anonymous says:

    “The neoconservatives represent the greatest danger ever faced by the United States and the world. Humanity has no greater enemy.” – Paul Craig Roberts

  22. Anonymous says:

    obama couldnt tell the truth if his life depended on it…namely ayers, rev. wright, citizenship, rezco, how he votes and why. he is a junior senator and it shows. he believes he is the countries savior, what a joke, the only ones that can save our country is the people! if he and his camp werent worried about this suit and others he would have settled it by confronting it…we know who we are and how we got here, by our forefathers fighting for what they believed to right and just…OUR FREEDOM! TO LIVE IN THE LAND OF THE FREE! our country is the land of the free, free speech, right of religion, free thinking, free to go get whatever it is each one of us wants. many people have forgotten the constitution, our founding fathers fought for and put their life on the line to sign it. they deserve better from us than to forget its contents! now here comes obama trying to squeeze past what our country lives by…

  23. Anonymous says:

    I still remain skeptical, Stories like this always appear to give our little “red state terrorist” hope that there ignorance and self-righteous hate finally can be “legitimately” justified, The reason the liberal media has not covered this is because story is a factually based as Saddam Hussein has WMD’s and is the reason for 911. If only there was a truly liberal media think how many service men would still be alive???


  24. Anonymous says:


    was obama the one that caused the reissuence, stating that they hadnt received the first summons.

  25. Anonymous says:

    i find it hilarious that they will talk about mccains citizenship on the news but not obamas…stating that it was over turned but not a word about obama.

    they are molly coddling their nominee and its such a shame people are ignorant to the democrats bs!

  26. Anonymous says:

    I truly find it hard to believe these guys saying the the media isn’t Liberally biased or that this is all just an attack on The Great OBAMA. How can you watch the news and not see how absolutely horrible the “reporting” is. Who saw the news story about an 11 year old girl who killed 2 armed men who broke into her house after killing an older man in his. You won’t see it in the mainstream media because it doesn’t support their anti gun bias. McCains birth when in question was covered but Obama’s is ignored or stated that vouched for it. Did the media state that Obama was made chairman of the organization years ago and he and his criminal cohorts are still very much a part of the group?
    One more question. Why not provide the birth certificate, citizenship is a requirement for the position. If I applied for a job I have to show mine. Just saying Present shouldn’t get him the Job.


  27. Anonymous says:

    And to think the Presidential Qualification as stated in the constitution, “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution” was written to prevent one man from becoming president, Alexander Hamilton.

    What would the founding fathers think about this? Let’s ignore the fact that Obama at that time would have only counted as 3/5 of person.

  28. Mike D says:

    the last comment as to the reason for the “natural born” in the constitution does not hold water.
    Hamilton was a citizen:
    He signed the Constitution!!!!
    “Born on the British West Indian island of Nevis, Hamilton was educated in the Thirteen Colonies. During the American Revolutionary War, he joined the American militia and was chosen artillery captain. Hamilton became senior[1] aide-de-camp and confidant to General George Washington, and led three battalions at the Siege of Yorktown. He was elected to the Continental Congress, but resigned to practice law and to found the Bank of New York. He served in the New York Legislature, and was the only New Yorker who signed the Constitution.”

    Plus since OBAMA is arguably only half black he would have been eight tenths of a citizen (1/2 white plus 3/5ths of 1/2 black = 8/10ths citizen) just joking…. :-)

  29. Anonymous says:

    jerome corsi being held in kenya prior to his talk with the media. obama is so dirty he will do anything to keep this stuff under wraps!

  30. Anonymous says:

    obama is hiding not only his citizenship status along with many others, he is hiding his dealings with ayers fannie mae and freddie mac. all this stuff will come out sooner or later, just hope it comes out before its to late!

    the public for some reason seems blind to anything obama does, he could streal something in broad daylight and people would overlook it…i find it appauling that anyone would vote for someone with so many bad people that he has been involved with for so many year. obama seems to think its ok to go to a church for 20 years with a racist heading the pulpit and to have dealings with a known criminal for 20 years. this is not racist what i say here it is known by all. i want someone in office who is out for the people not for his own , the way i see it if obama is allowed to run for president then so is every halfwit that crosses the border, theft , murder jailbird…he is no better than they!

  31. Anonymous says:

    i would bet my last dollar on the fact that the judge will rule in obama’s favor only due to the fact he probably is a democrat and that he just doesnt want to deal with the truth.

    also, why is judge surrick taking so long to rule on such an important case, doesnt seem to hard of a decision, he either rules to have important information to come out or he doesnt. seems like he is putting it off like it might go away or something, and i believe obama is doing the same thing as is the mainstream media.

  32. Anonymous says:

    Uh Ok… Today’s Oct.18. The last comment was on Oct.9. What happened to all the talk?

  33. Anonymous says:

    Bated breath? Really? If you knew how desperate and frightened you and your brethern appeared you might just STFU.

  34. Anonymous says:

    Having had to show my original “Certificate of Live Birth” to the Army recruiter as a pre-requisite to my enlistment in 1964 and having subsequently had to submit to and pass an FBI background investigation in order to obtain a “Top Secret-Nuclear” security clearance as a pre-requisite to my acceptance into the Army’s “Nike Hercules Radar and Missile Field Test Equipment Operation and Repair” school, it’s incomprehensible to me that a candidate for President of the United States of America isn’t required to do likewise — INCOMPREHENSIBLE!!!!

  35. Kenneth J. Wieler says:

    In the event Senator Obama is elected, 1) He will have Presidential Immunity from prosecution. Impeachment proceedings may be brought about but precedent will already have been set. 2) We will then have to endure future “non-Americans” that wish to run for the highest office in our land, i.e. President Hugo Chavez, President Mahmoud Ahmadinejad. These men would have as much right to run as anyone else on this planet.

    The people of the United States have been fed fraudulent informtation about this man and his past. The predominantly left-leaning press won’t do or say anything that might harm his chances. Our Constitution, our system of lawmaking, and our process of selecting elected officials will be forever changed. May future generations forgive us, we can only hope, as our future is looking more and more bleak.

  36. watchman says:

    Let this issues be settled by the U.S. Supreme Court. Our nation is a nation of laws- the rule of law- the U.S. Constitution. Mr. Obama needs to be forthright with the people of this country about being born in this country or Kenya or wherever.

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