Berg v. Obama Update — Tuesday, September 9


At 8:55 this evening, and as promised weeks ago, Philip Berg filed a Motion for Extensive and Expedited Discovery in the Philadelphia federal court where, a little more than two weeks ago, he filed suit contesting Illinois Sen. Barack Obama’s constitutional eligibility for the presidency.

Per this evening’s motion, Berg is seeking results on two fronts: First, that Sen. Obama and DNC Chair Howard Dean sit for depositions at the courthouse in Philadelphia running no less than three hours in length and presided over by a court-appointed Special Master; and second, that the defendants–Obama, the DNC and the Federal Election Commission–turn over documentation connected with the vetting process and the background of the Democratic Party nominee. Upon receiving confirmation that Obama and the DNC have been served with the motion–the U.S. Attorney’s office has entered appearance on behalf of the FEC–Berg plans to petition the Hon. R. Barclay Surrick for an immediate telephone conference on the need for the discovery process to begin and move along as quickly as possible.

“In the interest of expediency,” Berg said over the telephone as he drove to a air freight depot near Philadelphia International Airport to ensure that the materials were sent to Obama and the DNC as soon as possible, “back when we had the hearing for the temporary restraining order, I asked Judge Surrick if we could have a conference call for expedited discovery, and he said yes. This needs to be handled quickly. Listen, more and more I believe we’re correct on this, and if we are then Obama cannot be president, and the United States of America will be headed toward a constitutional crisis.”


Berg is asking for a court order that Barack Obama and Howard Dean each submit to a deposition at the Federal Courthouse in Philadelphia, a “neutral location,” and that the depositions (1) must be no less than three hours in length, (2) must be presided over by a court-appointed Special Master, and (3) must be undertaken by September 31, 2008.

When I pointed out to Berg that there are only 30 days in September, he chuckled–he sounded embarrassed–and responded by saying that “mistakes happen” and that “well, I guess I’ve created an extra day in September just like Obama created an extra seven states in our country.” While the gaffe is certainly unfortunate for someone looking to overcome credibility questions like Berg, as far as I know the worst thing for his case which could come of it would be a defendant’s filing of a Rule 12(e) Motion for More Definite Statement pointing out any defects or ambiguous parts in Berg’s motion. Theoretically, if Berg did not respond within 10 days with a corrected motion, the court could technically strike today’s pleading altogether. Still, it’s doubtful.

To me, the most interesting aspect of the deposition portion of Berg’s pleading is the request for a Special Master. If Berg’s motivation is truly one of time, he made his point here. Should the court grant the motion and depositions go forth, the Special Master, appointed by the court to preside over the proceedings, could avoid the endless need to go straight to the judge with every objection, question and procedural hiccup raised and manifested by overzealous attorneys on both sides of the table. As an added bonus, the appointment of a Special Master could provide needed perceived distance for the Hon. R. Barclay Surrick, himself appointed to the federal bench by President Bill Clinton, from this delicate part of the process.


If Berg’s Motion for Extensive and Expedited Discovery, filed today, were granted, Barack Obama would be ordered to turn over the following items within ten days of the order:

  • A “Genuine Certified Copy” of his “vault version” of his Birth Certificate.
  • Any and all certificates or other registrations of birth from Canada, Kenya, the British Isles and the United States in the name of Barack Hussein Obama, Barry Soetoro, and others.
  • A “Certified Copy” of the U.S. Oath of Allegiance required to be taken in order to regain any U.S. Citizenship status.
  • Any and all passport records including applications and travel logs connected with passports issued to Obama–or any previously used names–in Indonesia, Kenya, the United States and more.
  • Any and all adoption records, including records detailing the adoption of Obama by his presumed Indonesian stepfather, Lolo Soetoro, as well as his grandparents, the Dunhams.
  • A copy of his FBI background check used in the vetting process.
  • A copy of the “vault” version of his Birth Certificate from Kenya.
  • Any and all applications for a social security number and replacement social security cards.
  • Any and all applications and court documents detailing a name change.

Within 20 days of the court order, should the motion be granted, Berg is also seeking other records which would provide a window into Barack Obama’s past, including but not limited to college applications and records from Occidental College, Harvard and Harvard Law School, Columbia University, the University of Chicago and any other schools to which Obama applied, as well as any applications for college grants and loans, copies of any college thesis papers or other essays written which could shed light on his life, background, heritage and childhood.

The request for these items, as well as requests for Obama’s baptismal records, listings of memberships to all clubs and organizations, copies of his Selective Service Registration and any Harvard Law Review articles he penned, made me wonder if Berg was seizing an opportunity to use discovery–should the civil action go so far–to really fill in some gaps in Obama’s background. Surely, I wasn’t the only one who questioned why no long-term acquaintances other than his wife, Michelle, has ever come forth to talk about Barack, tell stories about Barack, praise Barack or even criticize Barack like we see with so many other political candidates.

“We’ve decided that there is more to this individual than meets the eye,” said Berg. “From passports to essays to transcripts to financial aid, we’re going for all records because this is the presidency we are talking about and this man is still a total mystery.”

As far as I am concerned, I am still leery of many of the allegations put forth in Philip Berg’s suit. Surely, Barack Obama could not have gotten this far without having to present more certain identification than a Hawaiian Certificate of Live Birth which looks as though it was printed on a laser printer and fails to show such basic information as the name of the hospital in which he was born and maybe even how much he weighed on that day in early August of 1961. While the recent iteration of the certificate may have been fine for a passport application or something along those lines, certainly he must have shown more definitive documentation during his rise toward the status of political legend.

Regardless, I cannot help but wonder why Obama and his campaign officials have remained so silent on the issue or, at the very least, haven’t moved to dismiss the case altogether. Even if he didn’t want the court to look at any evidence, as required under a Rule 12(b)(6) defense for instance, why hasn’t he challenged Berg’s standing or just moved for summary judgment? Certainly his political machine, with a budget of more than $12 million each month, could have squashed this little insurrection without breaking a sweat. Perhaps, indeed, Obama’s camp is waiting for the approaching deadline.

Personally, the silence makes me curious. For Philip Berg, however, the silence inspires confidence.

“We want a vault copy of his Birth Certificate certified by the Vital Statistics Bureau in Hawaii, and I don’t know that he has it,” Berg said. “If I’m off base here, if we’re so wrong on this, he would have had his spokesperson come up with some statement maybe not mentioning me by name, but referencing an attorney filing suit and threatening that attorney with a defamation suit if the case wasn’t withdrawn within 24 hours. They have this well-oiled machine but there’s been nothing from it.”

Keep checking America’s Right for updates on the lawsuit as it proceeds. Links to all related materials–including the useful commentary Is This For Real, and Why Hasn’t the Mainstream Media Covered it Yet?–can be found on the right side of the page under the heading “Berg v. Obama @ America’s Right.”

NOTE: I have no means of hosting the 38-page PDF file, so I have made two pages available as a JPEG image. The document was electronically-filed with the court this evening, and will likely be made available on Berg’s Web site tomorrow. As soon as it is, I will provide a link. Update: Find it HERE.



  1. Jet says:


    There are only 30 days in September.

  2. Jeff Schreiber says:


    I noticed it too, and actually called him on it on my way home from class.

    His reply was interesting.

    Gee whiz, though — you’d think that would be something you check out beforehand…

  3. Jet says:

    Thank you, Jeff, for your most excellent update! Hopefully, the mystery called Barack Obama will finally be solved and revealed to the world before the November election.

  4. Anonymous says:

    Thanks very much for keeping us updated on this issue.

  5. lovinit says:

    this character is way too shady for me. I think he owes the American people these documents.
    Show us proof Mr. Obama

  6. says:

    I have tried to post links to this, but unsuccessful. Appears story has been taken down?

  7. Anonymous says:

    Whew! I’m so glad an attorney pursued this. These questions leaped into my mind while watching a TV special on Obama’s bio. I don’t know much about law, but any American, with a high school Civics class lesson, knows that to run for president in America one must be a natural born citizen with no ties to any other country. Thank you Mr. Berg. You have my gratitude as an American citizen.

  8. John Galt says:

    When I googled Indira Henrad who is listed as Obama’s attorney I got zero ressults. The closet I got was a Dr. Kristin Henrard who is a law professor at Rotterdam University and has authored books on the rights of minorities including the Apartheid question in South Africa.

    However, when I Googled for Amanda LeForge who is listed as the attorney for the DNC I got

    Amanda LaForge

    Counsel at Democratic National Committee

    Washington D.C. Metro Area

    It would be interesting to call the DNC and ask them if they have heard about this lawsuit and then see what their response would be to the question.

    Here is the link that shows who the attorneys for Obama and the DNC are.

  9. Lame Cherry says:

    I believe Mr. Berg has made a critical error in not including Stanley Ann Dunham’s passport records as their information is critical in the Obama story.
    As I have noted in my blog, I deem the Kenya story as red herring by the Obama camp as pregnant women were not allowed to fly and one needed vaccinations to fly into Africa and I know of no physician who would dare pump that into a pregnant woman.
    Keep people looking at Africa to keep them from looking in Canada.

    As Canada had no passport registration, the passport would yield little except in discounting the Kenya trip as how would a poor girl afford Kenya for months as Barack sr had a wife there and was not about to be inviting Stanley to stay.
    Stanley Ann Dunham though is vital in the passport as it would be of note where she was hauling baby Barack to and from for additional disclosure on his or her records if he is registered as a foreign national.

  10. Anonymous says:

    Lame Cherry: I think you should contact Berg with that information. I agree with you. His phone numbers are listed at the bottom of the suit he filed on the website. He answers all calls. If he is indisposed, leave a detailed message. Also, you might want to mention that several of Obama’s own relatives in Kenya state they witnessed the birth firsthand–even his own grandmother! He can be hit on several fronts with this lawsuit . . . 1) that he was not born in the U.S. 2) that he was a citizen of another country and never renounced that citizenship 3) that he has gone by so many names that no one really knows where he has been (ie. Pakistan, as reported by some). Seriously, why isn’t the mainstream media picking up on this? This is our Constitution we are talking about?

  11. Polarik says:

    On June 16, Annenberg owned FactCheck posted an image graphically altered to look like Obama’s Hawaiian Certificate of Live Birth.

    On August 21, Annenberg owned FactCheck posted photos of several printouts (made from that same, graphically altered image.

    The truth will soon be known to everyone.

  12. TonyU Omaha says:

    Thanks for the update Jeff.

    Fingers crossed their motion will be granted. :)

  13. Anonymous says:

    Bravo to Mr. Berg for his brave, spirited and honorable efforts.


  14. Anonymous says:

    I’m wondering why John McCain who was born in the Pananma Canal to American parents on a military base qualifies as a “natural born citizen”.

    Just want to know how this was certified by anyone in authority.

    I did not think about the vaccinations needed to travel to Africa. Good point.

    I pray each day that Berg’s suit is truth and disqualifies Obama.

    Confused voter

  15. johnnyg8r says:


    What was Berg, Esq.’s response to your catching his typo?

    You’re right that it’s something one would catch beforehand. But as I said after the complaint was posted, Berg, Esq. is a sloppy, sloppy pleader. Check the apostrophe misusage in paragraph 24; does he really think nobody notices? He may have a point, but the clerks are laughing at him, and that will hurt him. If the health of the Republic is truly at stake here, why is its only defender a complete hack?

    Keep the updates coming, Jeff. But Berg, Esq.’s gonna lose, and get hit with sanctions. Book it.


  16. Koyaan says:

    Polarik has absolutely no business talking about graphics and imaging. You’ll get as much “truth” from him as you’ll get from Techdude.

    He only posts his “analysis” where those who expose his erroneous claims for what they are get banned for doing so. Like Free Republic, TexasDarlin and his own blog.


  17. Anonymous says:
  18. Larry Walker says:

    There is already a dual citizenship issue, but we don’t know where he was really born. Berg should correct his date mistake now rather than waiting. That’s what I would do.

    British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.

    In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.

    Obama’s British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:

    1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

    2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.

  19. suek says:

    FactCheck is owned by the Annenberg Foundation.

    Re: McCain

    McCain was born in the Panama Canal Zone, which was occupied by the US. His father was a Natural born US citizen on military orders, and his mother was a natural born citizen of an appropriate age to pass on that citizenship.

    That’s why he’s a natural born citizen. Would you eliminate the children of all military personnel stationed overseas on military orders from possible presidential candidacy?

  20. Anonymous says:
  21. Koyaan says:

    FactCheck is owned by the Annenberg Foundation.

    In other words, you’re not capable of addressing what FactCheck actually said.


  22. Jeff Schreiber says:

    I saw that.

    Fortunately, I’m not a tin-foil hat type. I did ask Phil Berg about it, and when I get the chance, I’ll let you know his reply.

    It’s not that exciting, though.


    PS — anyone else find it odd that police say that the thieves were trying to steal the solar energy panel off of her tin roof?

  23. Anonymous says:

    CIA Surveillance Bug. Security light bulb. You think this might not be a national security issue? Believe. Everything on this blog is being watched.

  24. Jeff Schreiber says:


    That’s just fine. If the CIA or the Fibbies would like to spend their time looking into my boring life, they’re more than welcome to. If they can do dishes, too, it would help.


  25. Anonymous says:

    This has been floating around the net for some time.



    It seems that Barack Obama is not qualified to be president after all for
    the following reason:

    Barack Obama is not legally a U.S. Natural-born citizen according to the law
    on the books at the time of his birth, which falls between ‘December 24,
    1952 to November 13, 1986.

    Presidential office requires a natural-born citizen if the child was not
    born to two U.S. Citizen parents, which of course is what exempts John
    McCain even though he was born in the Panama Canal.

    US Law very clearly stipulates: ‘If only one parent was a U.S. Citizen at
    the time of your birth, that parent must have resided in the United States
    for at least ten years, at least five of which had to be after the age of
    16.’ Barack Obama’s father was not a U.S. Citizen and Obama’s mother was
    only 18 when Obama was born, which means though she had been a U.S. Citizen
    for 10 years, (or citizen perhaps because of Hawaii being a territory) the
    mother fails the test for being so for at least 5 years **prior to** Barack
    Obama’s birth, but *after* age 16. It doesn’t matter *after* .

    In essence, she was not old enough to qualify her son for automatic U.S.
    Citizenship. At most, there were only 2 years elapsed since his mother
    turned 16 at the time of Barack Obama’s birth when she was 18 in Hawaii. His
    mother would have needed to have been 16+5= 21 years old, at the time of
    Barack Obama’s birth for him to have been a natural-born citizen. As
    aforementioned, she was a young college student at the time. Barack Obama
    was already 3 years old at that time his mother would have needed to have
    waited to have him as the only U.S. Citizen parent. Obama instead should
    have been naturalized, but even then, that would still disqualify him from
    holding the office.

    *** Naturalized citizens are ineligible to hold the office of President. ***
    Though Barack Obama was sent back to Hawaii at age 10, all the other info
    does not matter because his mother is the one who needed to have been a U.S.
    Citizen for 10 years prior to his birth on August 4, 1961, with 5 of those
    years being after age 16. Further, Obama may have had to have remained in
    the country for some time to protect any citizenship he would have had,
    rather than living in Indonesia. Now you can see why Obama’s aides stopped
    his speech about how we technically have more than 50 states, because it
    would have led to this discovery.

    This is very clear cut and a blaring violation of U.S. Election law. I think
    the Gov. Of California would be very interested in knowing this if Obama
    were elected President without being a natural-born U.S. Citizen, and it
    would set precedence.

  26. Bill in NC says:

    I can’t believe this nonsense.

    Merely being born in the U.S. (Hawaii was indeed a state, not a territory, when he was born) makes you a “natural born” citizen of the U.S.

  27. Anonymous says:

    True if _both_ your parents were citizens, but I think _both_ parents have to be citizens in order to be “natural born”. Different rule if one parent is not a US citizen.

  28. PeanutbutterandJellybean says:

    If this proves to be true about Obama’s citizenship, is there any way possible for Hillary to move into the prez slot on ticket? Could they move Biden up, and then Biden says that Hillary is more qualified so it should go to her? Somehow I feel that Hillary will have the last laugh over being snubbed. Also, I saw the interview with Bill Clinton online yesterday and he said there would be something happen two weeks before the election, but the Democrats would win. He didn’t say Obama, he said Democrats. If there is any loophole to be found the Clinton’s will find it, and Hillary would never settle for VP slot.

  29. Payday Loan Advocate says:

    With our economy going into a slump, why is it that political figures are destroying valid financial options? Payday loans are an essential part of the U.S. financial system, providing loans to those who have bad or no credit that need the money fast. Yet, for one reason or another, legislators are targeting this financial system. Some states, such as Georgia and North Carolina, have even banned the industry all together! The politics behind it is simple; banks are lobbying the legislators to try and destroy their oncoming competition, and the legislators are falling for it. Even taking out the fact that banks are trying to take away your financial choices and freedoms so they can have a monopoly on loans, the corruption of our politics is simply wrong. Our opinions must be heard, and our freedom of choice, financial or not, should not be dampened on the soul fact on one person’s financial gain.

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  30. Steve says:

    Watch the new video here

    At this point I do not care if he has a whole warehouse of CLB’s, as long as he refuses to produce the documents HE IS GUILTY. OMG, what happened to innocent until proven guilty? I’ll tell you! Almost any person over 18 could produce the documents in days and Obama has been stalling for months. There is no valid reason for not producing the documents except HE IS GUILTY!

    If you care about our country and the Constitution please send your Congress person an email or letter through the Rally Congress site.

    Stop the Obama Constitutional Crisis
    Sign the Petition : 14,501 Letters and Emails Sent To Congress So Far…utional-crisis

    Additional actions you can take is to blog this information everywhere, email it to your friends, call your local and state elected officials (even Dems). Contact local newpapers, TV, radio and ask them if they know about the law suit.

    What is he hiding!

  31. Andro Villans says:

    The fact that a Hillary Clinton supporter found Obama’s birth announcement in a Honolulu Paper printed shortly after his birth should end the matter. Or do the Berg supporters think that the microfilm is a fake too? This newspaper finding should end the maater, and it would among sane people. But the Berg nuts hate Obama so much that they won’t let anything like facts get in the way!! Berg has made wild assertions while offering little in the way of evidence. Heck, if Obama handed him a copy of his birth certificate countersigned by Jesus Christ, Moses and the Pope Berg would still say it is a fake!! This whole thing is a ham-handed stunt, a dirty trick, being played by the extreme right. And of course there are plenty of conspiracy nuts and paranoid stump grinders ready to take it at face value. -Andro Villans

  32. Guaranteed payday loans says:

    The Democratic convention appears to have helped solidify support for Barack Obama among former Hillary Clinton supporters, with the percentage saying they will vote for Obama in November moving from 70% pre-convention to 81% after the convention, and the percentage certain to vote for Obama jumping from 47% to 65%.

  33. no telecheck payday loan says:

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